浅析台湾地区特别侦查组制度

发布时间：2018-02-07 17:43

本文关键词： 检察机关特侦组特别检察官　出处：《山东大学》2011年硕士论文　论文类型：学位论文

【摘要】：2006年2月3日台湾地区“法院组织法”修订后,特侦组正式成为台湾“最高法院检察署”的内设机构,专门负责侦查起诉“政府”高级官员的贪污腐败犯罪、重大选举违法犯罪以及特殊重大贪渎经济犯罪、危害社会秩序的犯罪。其前身是成立于2000年7月1日的台湾“高等法院检察署”查缉黑金行动中心特侦组。同时,修订后的“法院组织法”还规定特别侦查组检察官执行职务时,可以执行各审级检察官的职权。特侦组检察官可以根据案件的性质和法律规定的管辖原则,分别行使一、二、三审检察官的职权。特侦组检察官也不受辖区的限制,一般检察官在行使职权时,除遇有紧急情况或法律另有规定的情形外,只能在其所属检察署管辖区域内行使职权,而特侦组检察官行使职权并无具体辖区的限制,特侦组检察官可以跨越不同辖区向案件的该管法院行使职权。在这两个视角下,可以说特侦组检察官是一种特别检察官。设置特侦组的目的,一是要打破辖区和审级的限制,以“最高检察机关”内设机构的法律地位,将特侦组定位在检察体系中顶点,确保特侦组办案的公正性、独立性；二是组建高层次的专业化侦查机构,以打击目前朝向企业化、结构化、复杂化发展的新形势犯罪；三是以团队办案的方式克服检察官独任办案、单打独斗的传统办案方式的弊病,提高侦查质量,同时在新、老检察官之间实现经验传承。但是,在特侦组的实际运行中,仍会面临诸如领导人特权、检察一体化下的内部干预等问题,特侦组想要独立并公正地实现对所管辖案件的查办、追诉,也并不轻松。
[Abstract]:In February 3rd 2006, after the revision of the Law on the Organization of the Courts in the Taiwan region, the Special investigation team formally became the internal body of Taiwan's "Supreme Court Public Prosecutor's Office," dedicated to investigating and prosecuting corruption crimes committed by "senior government" officials. Major election crimes, major corruption and economic crimes, and crimes against social order. Its predecessor was the Special investigation Section of Taiwan's "High Court Public Prosecutor's Office" for the investigation of Black Gold Action Center, which was established on July 1st 2000. At the same time, The revised Law on the Organization of the Courts also provides that when the procurators of the special investigation teams perform their duties, they may perform the functions and powers of the procurators at the trial level. According to the nature of the cases and the principles of jurisdiction prescribed by the law, the procurators of the special investigation teams may exercise one or two of them respectively. The functions and powers of the procurators of the third instance. The procurators of the special investigation team are also not restricted by the jurisdiction. In the exercise of their functions, public prosecutors may exercise their functions only in the areas under the jurisdiction of their public prosecutors' offices, except in cases of emergency or otherwise provided for by the law. However, there are no restrictions on the prosecutors of the special investigation team to exercise their functions in specific jurisdictions. The prosecutors of the special investigation team can exercise their functions across different jurisdictions to the competent court of the case. From these two angles of view, It can be said that the procurator of the special investigation group is a kind of special procurator. The purpose of setting up the special investigation group is, first, to break the limits of jurisdiction and the level of trial, to take the legal status of the "supreme procuratorial organ" as an internal institution, and to position the special investigation group at the apex of the procuratorial system. To ensure the impartiality and independence of the special investigation team, to set up a high-level specialized investigation organization in order to crack down on the crime in the new situation, which is oriented towards enterprise, structure and complex development; Third, to overcome the shortcomings of the traditional way of handling cases by the procurator alone, and to improve the quality of investigation, and at the same time to carry out the experience transmission between the new and the old prosecutors. However, in the actual operation of the special investigation team, Still facing problems such as the privileges of leaders and internal interference under the integration of prosecution, it is not easy for the special investigation team to independently and impartially carry out the investigation and prosecution of the cases under its jurisdiction.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926;D927

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