초록 열기/닫기 버튼
Korea has had the system of criminal action which accepts the element of the person concerned at the law circle of America and England. But because Korea is sticking to the investigation system under the public prosecutor at the law circle of continent, the police is taking action of searching the crime under control of the public prosecutor who is belonged to the Ministry of Justice. Therefore, even though the police arrests and manages over 97％ of the whole crime, they are still staying at the searching assistant position of the public prosecutor.At present, because of the worry about the violation of human right that come from the deficiency of police quality, it seems improper that the police has the permission of independent searching power. However, England and America have approved the independent searching power of the police despite of their time-honored respect of the human right.That is to say, we need to consider again the thought that the independent searching power cannot be admitted to the police due to the several reasons- trust lack of the police from the people , the deficiency of legal knowledge and the danger of effect from political power.The police should stand magnificently in front of the all people as the law executor. If they are in position powerlessly under the control of the public prosecutor, it would be the main and fundamental reason that the people cannot have trust the police. Also, it will fall down the law and make the basic of constitutionalism weak.
키워드열기/닫기 버튼
human right, precondition, professional investigation, democratized, establishment
