出刊年月/Date of Publishing

1996.09

所屬卷期/Vol. & No.   第26卷第3期 Vol. 26, No. 3

類型/Type                 研究論文 Research Article

篇名/Title
法國刑事預審制度演變之研究
“Instruction Preparatoire” in French Criminal Procedure

作者/Author
陳淳文 Chwen-Wen Chen

頁碼/Pagination
pp. 95-146

摘要
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Abstract
There is a general agreement that the period before judgment in criminal procedure is the most important period for the right of the accused. For more than 500 years proper articulation of the public order and the human rights has been the central preoccupation of criminal policy, both in practice and in legal thought. In this point of view, the French’s “preparatory investigation” has its distinguishable characteristics. The essential points here are two: one is that Western legislations have provided for criminal procedure a certain model of criminal institution for comparative and illustrative purpose. The method employed here will be a spectrum-wide view, an “ecumenical” approach. We study the common law as well as the Continental system in its origins, its development and its circumstance. The other center of attention will be the contemporary “preparatory investigation” in French criminal procedure. All positive legislations will be introduced, both in their institutional and operational aspects. Briefly, the public order is the martial advantage of a broad and undefined group of people, as opposed to personal liberty, which is a material advantage confined to particular and specifiable individuals. The balance between the public order and the human rights is the final aim of all human societies.

關鍵字/Key Word
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DOI
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學門分類/Subject
法學 Law