A Comparative Study On Power Of Investigation Of The Procuratorial Organs On Both Sides Of The Taiwan Straits

According to Taiwan "Court Organic Act" relevant provision,procuratorial organs belongs to the “Executive yuan of justice” which at the various levels without a separate office.The procuratorial system also do not have their own independent organization filings.In addition,in Taiwan the criminal procedure law without the word "procuratorial organs",only stipulate such as the functions and powers of the prosecutor,personnel,etc.The mainland as "The people's procuratorates of the People's Republic of China organic law" and the relevant legal provisions,the procuratorial organs at all levels' settings and authority are clear set,but "no" power of attorney.Although seemingly different laws,in-depth study found that prosecutors to exercise functions and powers of the Taiwan region,and similar with the authority of the mainland procuratorial organs,which has a certain research significance.For comparison,this paper regards Taiwan prosecutors of procuratorial organs,compared with the mainland of the people's procuratorate.As compared to the investigating power of the procuratorial organ on both sides of the Taiwan straits,mainland is conducive to the proper operation of the procuratorial organs indictment,realize the optimal allocation of resources,and to the improvement of the procuratorial organs indictment operation mechanism,etc.To this,the author would from the following aspects to discuss.The first chapter mainly elaborates the basic theory of procuratorial organs indictment.Indictment is a kind of universal significance to investigate criminal lawsuit functions,which is given investigation organ ascertain the facts of the case in accordance with the state power.Limiting indictment on the procuratorial functions,and from the sides of the Taiwan straits in our country,must in some form or expression or limit the part of the criminal investigation patterns.According to the different accepts the case,the procuratorial organs indictment is roughly can be divided into self-investigating case indictment indictment and other cases.From the microcosmic point of view,but also refine the indictment self-investigating case for investigation started,the implementation of power and the right to end;Other cases the indictment include command indictment,supplement the indictment,and so on.This chapter from the concept,characteristics,nature of procuratorial organs indictment,is limited to Taiwan,mainland China,compared to interpret the perspective of the similarities and differences on both sides.The second chapter is the perspective of comparative law,the structure of the procuratorial organs indictment paper on both sides.Taiwan and the mainland of the different nature of procuratorial organs indictment,get incisively and vividly reflected in the structural configuration.Long-term adherence to the "inspection main p auxiliary" relationship of Taiwan,the prosecutor has all criminal cases except in a case of indictment,presided over by the investigation and can command scheduling the judicial police,the latter is only assist(law and practice is not consistent),the performance of leadership and being led relationship.China,by contrast,procuratorial organs as legal supervision,mainly for duty crimes indictment,parallel to the public security organ is mutual assistance and mutual restriction relations of "partners".The differences of the comparative analysis on both sides of the configuration and the advantages and disadvantages,the optimization of the mainland procuratorial organs indictment configuration has certain guiding significance.The operation of the third chapter "on both sides of the procuratorial organs indictment" mainly from the start,power operation,put an end to contrast the similarities and differences between procuratorial organs indictment on both sides of the strait.Among them,on the investigation of end conditions,the mainland explicitly define it as "clear the case facts,evidence really,fully",only to end;Taiwan prosecutors is subjectively think "identified" with the criminal suspect or "to" end the case,then the end of the investigation.In this respect,both have its reasonable and unreasonable place,the author thought that the case facts clearly the condition is difficult to achieve,only by subjective cognizance vulnerable to criticism,should complement each other,go bad take fine,combined with the actual situation of mainland procuratorial organs exercise their indictment,is possible in theory and in practice to the motherland mainland promoting effect on the operation of the procuratorial organs indictment.The fourth chapter is on power limits.Taiwan and the mainland indictment of the constraint of procuratorial organ has its unique side,don't make the ratio of the advantages and disadvantages,this paper pays attention to is so to achieve reasonable restrictions to prevent abuse of power.For mainland procuratorial organs are both athletes and referees this criticism,refer to the Taiwan region reconnaissance system such as the entire sound recording or video recording,the court judicial review mechanism,strengthen the external supervision,strengthen the practice of internal control,puts forward the introduction of judicial review system,building JianWu open system.Fifth chapter first summarizes the above mentioned mainland procuratorial organs indictment in the case,run,and limit the problems existing in the process,and the theory of procuratorial organs indictment theory schools of thought contend,and for years ago pilot reform of the national supervision committee system,integrating the practice of anti-corruption agencies,integration of the advantages and problems that should be paid attention to.Also pointed out in the concentrated supervisory power at the same time,should still endows the procuratorial organs indictment,to safeguard the legal supervision organ,enhance their confidence and courage to limit the growing supervisory departments,ensure that truly independent judiciary.