博士 / 國立臺灣師範大學 / 政治學研究所 / 100 / This study explore the theoretical, legal and practical perspective, the first introduces the basic content of the protection of human rights thought and its formation history associated with the procuratorial system, and discusses the procuratorial functions and protection of human rights, competition and cooperation on cross-strait procuratorial system in the history of the organization, The terms of reference and other aspects of comparison. Were the prosecutors involved in the criminal procedure investigation, prosecution, the implementation of three main stages, and how to balance both sides of the human rights of victims and prosecution of people on the two sides on the prosecutor in open three stage to engage in practical operation the exercise of his powers, the protection of the concept of human rights reflects the situation and improve the road. And specific cases, the analysis of cross-strait prosecutors in the process of mutual legal assistance, through the exercise of powers to fight crime and protect human rights, Finally, it concludes, suggestions and prospects.
This paper argues that the beginning of the creation of the procuratorial system is not,
as the social cognitive Department for the "rape Abstract hair volts, the fight against crime" from the rather moderate judges and police both state power against the rights of the people and set. Gave birth to the beginning of the prosecutor system with the strong colors of the protection of human rights in the organization , functions and powers to do such a design. Cross-strait prosecutors both at home and exercise the powers or engage in cross-Strait mutual assistance in criminal justice, should fulfill the objectivity of the obligations, set up to protect the prosecution of human rights awareness, implementation and realization of the order method.
Stage in the investigation of crimes, the Prosecutor shall be the sophisticated place in Taiwan include: prosecutors launch investigation of the threshold should be careful to summon the defendant, should be fine Investigating cases, inappropriate to the relationship between the identity of the investigation process to abide by the investigation is not the principle of openness; mainland China prosecutor, include: should actively counsel to protect interests, the implementation of the legal supervision of the criminal investigation, to protect the right of silence, put an end to torture and the effective supervision of coercive measures. As for cross-strait mutual legal assistance, the two sides should respect to jurisdiction, investigation and evidence collection, and remote video to be improved.
Stage in the implementation of the Public Prosecution, the Prosecutor shall be the sophisticated place in Taiwan, including: the establishment of the concept of protection of criminal suspects and defendants rights, the courage to put forward the proposition favorable to the defendant, prompting the court to focus on the trial speedy trial and speed knot, accepting the judgment in a timely manner and prudently decided to appeal; mainland China, including: updating the concept of a criminal trial, the implementation of the Non Prosecution, the court shall adjust the terms of reference 'color, to protect the defendant re-identification of the right to fulfill all its legal supervision over the prosecution phase, to exercise the right to protest. As for cross-strait criminal mutual legal assistance, you should confront the cross-examination the right, evidence of the plight of admissible be improved.
Referee the implementation phase, the Taiwan prosecutor should be the sophisticated place include: protecting detainees may sue relief, lawyers met with the accused in custody should not be unreasonable surveillance, inmates serving a sentence should be release on the same day before noon, shall be subject to the judgment of people benefit claims retrial or extraordinary appeal to narrow the scope of execution, instead of punitive justice, restorative justice; mainland China, including: directing the execution of the Prosecutor should establish a regime to prevent the implementation of the process of torture circumstances, when you consider the retrial bis in idem principle, repair the Legalists strong procuratorial organs on the procedures for control of the execution of punishment. As for the cross-strait mutual legal assistance, the two sides can fine principle, the offender then returned to the problem to be improved to comply with the requirements of the protection of human rights.
| Identifer | oai:union.ndltd.org:TW/100NTNU5011022 |
| Date | January 2012 |
| Creators | Chen, Chen-I, 陳振義 |
| Contributors | Huang, Chen, 黃城 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 332 |
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