중국 경찰과 검찰의 관계가 주는 시사점

Abstract

Implications about the Relationship between the Police and the Prosecution Service in China Roh, Yeon-Sang As two national institutions, the police and the prosecution are mutually independent and equal in China. The police are responsible for most of the investigations while the prosecution service specializes in investigating and prosecuting the specific crimes. The police and the prosecution service can check each other to see if their rights are carried out reasonably as they keep an equal relationship in the investigation process. Chinese police and prosecution service keep a balanced and restraint state in the criminal proceedings through distributing the investigative rights, cooperating, and checking each other. The fundamental goal of Chinese Criminal Procedure Law, which is trying to protect human rights, suggests a great deal to us. People in our country are strongly asking for changes and reforms of the prosecution, and this has come to an irreversible era. The request for separation of investigation and prosecution should be partially responded and the investigative rights should be reasonably adjusted. We should always keep in mind in working for human rights and performing a balanced and mutual restraint between the police and the prosecution service. We should stand in the perspective of the public to review whether our investigation practices need to be improved. Balanced and appropriate applications of law can earn the trust of the people. Therefore, the relationship between the police and the prosecution service in criminal investigation should be reestablished in a way of cooperation and monitoring with each other. The police should be given the investigative rights and responsibilities while the prosecution service should appropriately assign the authorities among organizations carrying out the right of accusation. It is necessary to introduce a criminal system that reflects the principle of democracy of advanced criminal lawsuit structures with the balances and restraints. In order for the police to be trusted as an investigation agency for the public, it is necessary to enforce and strengthen the system that ensures the fairness of the investigation. Investigative rights, which are monopolized by the prosecution, should be shared with the police to avoid the possibility of distortion due to monopolies of investigative rights by an agency and unfair investigation interferences. By adopting a competitive system, we can take a step closer to the truth and legal justice. In the case of general criminal cases, the investigation will be run by the police. If a suspicion of serious illegal activities arises during investigation process by the police, the prosecution should investigate this part thoroughly and set a rigorous blame system. The police should not abuse the human rights that will contribute to the strengthening of human rights guarantees.Implications about the Relationship between the Police and the Prosecution Service in China Roh, Yeon-Sang As two national institutions, the police and the prosecution are mutually independent and equal in China. The police are responsible for most of the investigations while the prosecution service specializes in investigating and prosecuting the specific crimes. The police and the prosecution service can check each other to see if their rights are carried out reasonably as they keep an equal relationship in the investigation process. Chinese police and prosecution service keep a balanced and restraint state in the criminal proceedings through distributing the investigative rights, cooperating, and checking each other. The fundamental goal of Chinese Criminal Procedure Law, which is trying to protect human rights, suggests a great deal to us. People in our country are strongly asking for changes and reforms of the prosecution, and this has come to an irreversible era. The request for separation of investigation and prosecution should be partially responded and the investigative rights should be reasonably adjusted. We should always keep in mind in working for human rights and performing a balanced and mutual restraint between the police and the prosecution service. We should stand in the perspective of the public to review whether our investigation practices need to be improved. Balanced and appropriate applications of law can earn the trust of the people. Therefore, the relationship between the police and the prosecution service in criminal investigation should be reestablished in a way of cooperation and monitoring with each other. The police should be given the investigative rights and responsibilities while the prosecution service should appropriately assign the authorities among organizations carrying out the right of accusation. It is necessary to introduce a criminal system that reflects the principle of democracy of advanced criminal lawsuit structures with the balances and restraints. In order for the police to be trusted as an investigation agency for the public, it is necessary to enforce and strengthen the system that ensures the fairness of the investigation. Investigative rights, which are monopolized by the prosecution, should be shared with the police to avoid the possibility of distortion due to monopolies of investigative rights by an agency and unfair investigation interferences. By adopting a competitive system, we can take a step closer to the truth and legal justice. In the case of general criminal cases, the investigation will be run by the police. If a suspicion of serious illegal activities arises during investigation process by the police, the prosecution should investigate this part thoroughly and set a rigorous blame system. The police should not abuse the human rights that will contribute to the strengthening of human rights guarantees.