鏟奸除惡：戰後臺灣檢察官—以「首席」為核心的研究
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Date
2013-07-31
Authors
劉恆妏
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Abstract
本研究以筆者過去對法律專業人員的研究成果為基礎，透過各類官方出版品、官方公布之檔案、報章雜誌、訪談紀錄、口述歷史、回憶錄等資料，加上近期蒐集彙整的幾份早期司法人事、通訊資料，概觀戰後早期檢察體系人事網絡之基本樣貌。 由於歷來檢察官之人數眾多，且個人學經歷等資料蒐羅不易，加上「檢察一體」與檢察行政在犯罪偵查起訴上「上命下從」的特性，除了一般性的呈現整體數量上演變的概況外，本計畫嘗試聚焦於資料相對較豐富、領導檢察體系運作的檢察首長，以1989年《法院組織法》未修正前之「檢察長」及「首席檢察官」為中心，觀察大體涵蓋臺灣二次戰後至解嚴前檢察體系高層首長之人事規劃，分析其學、經歷以及各項專業資格取得方面的特性，以及其等在刑事偵查起訴、犯罪偵防上之權限與具體運作的情形。其後，並進一步探究當時政權對司法人事政策之考量，以及透過人事之延續性，對於戰後台灣司法所產生之影響。日後，並期盼與業務上相關之司法行政∕法務行政體系之首長（司法行政部部長∕法務部長）進行比較，並與各級法院方面之資料進行比較，分析法院法官與檢察署檢察官兩類不同性質的司法專業人員，在人事安排上有何異同，作為日後分析「審檢互調」等制度運作對臺灣司法帶來的影響。
This study is to shed a light on the human-resource network of post-war prosecutors, basing on author’s previous researches on the legal professionals. The exploited sources will include all sorts of official publications, the public archives, journals and magazines, interviews, personal memoirs, oral historical records. The recently collected files of Personnel administration and their correspondences will be taken as an essence in order to re-construct the picture of the inter-personal network during the early post-war period. To avoid the difficulties of collecting the concealed biographical information due to the obedient character in the prosecutor-police body and its mass population, this study will focus on the Prosecutor Generals/ Primary Chief Prosecutors who were on the top of the body and relatively open to the public about their careers. The study observes the Prosecutor Generals and the Primary Chief Prosecutors before 1989 when the Amendment Act for Courts of Law was stipulated. It is expected to illuminate the manners of Personnel administration in the high ranking officials in the system of prosecution. This analysis will be proceeded on their personal histories in learning, professional careers and acquisition of license meanwhile in regarding to their actual behaviors when exerting their authority in detecting crime and accusing the suspects. In doing so, the study will explore governmental authorities’ thoughts when taking decisions on human-resource administrations on prosecutors. The continuation of these thoughts and their impacts on the system of justice in Taiwan will also be evaluated. The study can be further extended to comparative studies on the leading officials of Ministry of Justice/Judicial Administration. In this comparison, the sources from Courts of Law in all levels will be used, in order to see the differentiations between Judges (under the Courts of Law) and Prosecutors (under the Prosecutors’ office) in recruiting and selecting their legal professionals. The extended research may offer a new horizon to examine the impacts generated by the cases of the “exchange of judges and prosecutors” to Taiwanese judicial system.
This study is to shed a light on the human-resource network of post-war prosecutors, basing on author’s previous researches on the legal professionals. The exploited sources will include all sorts of official publications, the public archives, journals and magazines, interviews, personal memoirs, oral historical records. The recently collected files of Personnel administration and their correspondences will be taken as an essence in order to re-construct the picture of the inter-personal network during the early post-war period. To avoid the difficulties of collecting the concealed biographical information due to the obedient character in the prosecutor-police body and its mass population, this study will focus on the Prosecutor Generals/ Primary Chief Prosecutors who were on the top of the body and relatively open to the public about their careers. The study observes the Prosecutor Generals and the Primary Chief Prosecutors before 1989 when the Amendment Act for Courts of Law was stipulated. It is expected to illuminate the manners of Personnel administration in the high ranking officials in the system of prosecution. This analysis will be proceeded on their personal histories in learning, professional careers and acquisition of license meanwhile in regarding to their actual behaviors when exerting their authority in detecting crime and accusing the suspects. In doing so, the study will explore governmental authorities’ thoughts when taking decisions on human-resource administrations on prosecutors. The continuation of these thoughts and their impacts on the system of justice in Taiwan will also be evaluated. The study can be further extended to comparative studies on the leading officials of Ministry of Justice/Judicial Administration. In this comparison, the sources from Courts of Law in all levels will be used, in order to see the differentiations between Judges (under the Courts of Law) and Prosecutors (under the Prosecutors’ office) in recruiting and selecting their legal professionals. The extended research may offer a new horizon to examine the impacts generated by the cases of the “exchange of judges and prosecutors” to Taiwanese judicial system.