한･중 수사제도의 비교와 시사점 - 수사제도의 헌법적 근거와 수사권 비교를 중심으로 -

Abstract

The aim of this thesis is to have implications through the Comparison of the Investigation System of China and Korea. In recent years the Judicial Reform of Korea and China have been under way especially about the response of corruption crime. China established National Inspection Committee for the investigation about the corruption of the Government Officials, it progressed quickly through the discussion among the organizations concerns like the Prosecution, Police, National Inspection Committee and the National People’s Congress. The Investigation System of China has been affected from the establishment of National Inspection Committee about the range of investigation of the prosecution. Korea have plan to establish the Office for criminal investigation about the senior government official for response to the Corruption Offense after a long consultation between the ruling party and some minor parties. The adjustment of investigation rights between Police and Prosecution in Korea has been made in spite of much argument, the investigation system and ways of the adjustment of investigation rights of China can be a useful example and reference in Korea as below despite the difference of political system. First, the termination the investigation of police in China should have the convincing proof and the obviousness of the crime. The second, the Prosecutor can ask to Police the explanation of the lawfulness of the proof and supplemental investigation for two times only. The third, the Prosecution can investigate the corruption offense elastically after the investigation of National Inspection Committee in China. The forth, Police can ask reconsideration about the decision of the non-prosecution of the prosecution. The fifth, the victim can accuse personally to the court in case of the decision of non-prosecution of prosecution etc.