日本犯罪侦查制度发展的三种形态

古代日本经过大化改新,学习唐朝政制,成为中华法系的一个分支,其犯罪侦查制度可称为"唐化形态".近代受西方法律文化冲击,日本经过明治维新,纳入大陆法系,建立了以检察官为主、司法警察为辅的法、德式犯罪侦查制度,即"西化形态".二战后,在美国法律思想的影响下,日本法律向混合法系发展,逐渐形成颇具日本特色的犯罪侦查制度--"中间形态".三种历史形态更替的特点,对我国犯罪侦查制度改革有所启示.

Three Forms of Development of Japanese Criminal Investigation System

Japanese law system became a branch of Chinese law system after having learnt the political system from China in Tang Dynasty,which is known as Dahua Reform,and thus its criminal investigation system can be defined as Tang Form.Under the impact of the western law in modern times,Japanese law system could be brought into continental law system after Mingzhi Reform.The criminal investigation system of French and German style were established to give priority to the inquistor and the judicatory police as assistant,which is known as Oceidentalized Form.After World War Two,Japanese law developed as mixed law under the effect of that of the U.S. and the featured criminal investigation system,that is,Medial Form,came into being.The alteration of the three forms can inspire the reform of the criminal investigation in China nowadays.