海峡两岸侦查制度比较研究

在台湾的刑事诉讼中,检察官是法定的侦查主体,而司法警察官是实践中的侦查行为者。在大陆法学研究者呼吁实行检察引导侦查的同时,台湾的研究者却在冷静地批判检察官作为法定侦查主体的严重弊端。台湾的侦查启动主要基于被害人的告诉、其他人的告发或犯罪嫌疑人的自首,而不履行特定的决定程序,大陆的侦查启动则以立案决定为前提。台湾的侦查终结由检察官决定,大陆的侦查终结则通常由公安机关决定。

A Comparative Research on Systems of Criminal Investigation between Both Sides of Taiwan Straits

In Taiwan's criminal lawsuits,a prosecuting attorney is the legal subject of criminal investigation while a judicial policeman is a doer in practical criminal investigation.When the law researchers in the Mainland are appealing for the implementation of the procuratorate's lead upon investigation,in the meantime,Taiwan's researchers are calmly criticizing the severe disadvantages of having a prosecutor as a legal investigation subject.The initiation of criminal investigation in Taiwan is based on the victim's accusation,the other party's prosecution or the confession of the suspected instead of going through a specific procedure of determination.As a contrast,the criminal investigation in the Mainland takes case-filing as a premise.What's more,the conclusion of criminal investigation in Taiwan is decided by prosecutors while in the Mainland,it is up to the decision of public security organs.