The Comparative Study on Prosecutorial System between Taiwan and Mainland China : Analyzing from Five Administrative Frameworks
| Autor: | Chih Ming Hung, 洪志明 |
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| Rok vydání: | 2015 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 103 Every country has its own elements of prosecution, history, social backgrounds and culture. The differences of the elements therefore create the discrepancies of the design of prosecutorial system, status, and competencies. The prosecutorial is a rather essential part of the criminal justice as well as an important tool for preventing crimination and protecting property and safety of the people while executing the administrative power. Thus, the prosecutorial system not only involves maintaining the rationality of the justice and protecting the nation’s and people’s interests, it also involves balancing the power of jurisdiction and implementing national policies. That confirms, the implementation and evolution of the prosecutorial system truly connect to the welfare of a nation and its people. The types and cases of legal affairs across the Taiwan Straits had been largely increased shortly after the ROC government enforced the lifting of martial law on 16 July, 1987. Hence, the research investigates and analyzes the planning of the legality of the judicial authorities across the straits by conducting the comparative study of the prosecutorial systems and studying the interactions of the prosecutorial organizations. Specifically, this research will analyze the prosecutorial system from a more comprehensive perspective by applying five elements in the administrative law, including the principles of the prosecutorial systems, the establishment of related organizations, the use of the administrative authorities, the administrative remedies, and the administrative supervision. Its purpose aims to deduce the possibilities of the development of the Cross-Strait relationships in the future. If the prosecutorial system goes well, it will practically help increase the welfare of the people. Although the differences of the legal systems exist in mainland China and Taiwan, the core principles of prosecuration to prevent crimination and protect people are essentially similar for the people on the two sides. Moreover, the common origins and culture tradition can serve as the foundation for building the mutual trust and increasing interactions for the prosecutorial organizations of the Cross-Strait. When the two sides increase the economic and cultural interactions, the legal problems will come up. The study of cooperation, wisdom-sharing, and reaching-consensus shall come to the crucial point. Based on the current prosecutorial systems and conditions, the research will conclude with the possible suggestions for the decision-makers who may consider to work out the welfare for the people of the Cross-Strait. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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