한국과 중국의 체포구속제도의 비교연구

Abstract

The exchange and mutual relation between Korea and China have been improved more and more in many fields since Korea formed a good relation- ship with China, and also the world of criminal law in Korea has gradually become more interested in the procedure of criminal case of China and has gradually had more exchange with China. From among relatively only a few study and exchange of criminal law system in China as compared with German Law or Anglo-American Law, arrest and attachment much related directly to protection of human rights show features different from ours. This study focuses on arrest and attachment in China rather those in Korea, and compares them with ours by deriving similarities and differences between China and Korea. A suspect is demanded to attend for the investigation by investigation agency, and for hearing a case by court. In this case, there are two systems to demand a suspect to attend, one is the recall without enforcement, and the other is apprehension with enforcement. In addition, there are attachment and arrest to investigate and hear a suspect and the accused for comparatively long time. There is the system of raising a suit by him/herself in China, which the general public can prosecute directly to the court in certain case, and the court in China also can recall, arrest, and arrest because the accused becomes the target for court investigation from the beginning of this case. The arrest can be regarded as the longest and most powerful attachment system in China. In addition, there is another system similar to the a flagrant offense arrest by the code of criminal procedure in Korea. Therefore it can be considered that terms and contents of those systems in China are different from the arrest systems such as a flagrant offense arrest, arrest without warrant, and arrest with warrant, and the attachment to arrest the suspect and accused in Korea.