日治時期臺灣犯罪搜查之研究(1895-1945)
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2013
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1895年的臺灣，從清代中國傳統法理下的社會，迎來了日本移植的近代西方國家體制。嶄新的國家刑法制度與犯罪處理方式，開啟了臺灣犯罪搜查的新一頁。由檢察官與司法警察在臺灣總督府賦予的法律權力下，主動證明、判斷犯罪的新方式，使臺灣人民必須在刑事訴訟法的規則下，接受犯罪搜查所帶來的審問、拘捕、搜索、勘驗等從未體驗過的新經驗。本研究嘗試以近代國家體制的觀點，探究日治時期的殖民統治者，如何在臺灣建構國家公權力下的證明犯罪體制，從刑事法源、搜查組織、及搜查技術三方面的變遷，交織出日本統治50年來犯罪搜查的歷史發展面貌。
日本自明治維新不到半世紀所建立的新國家體制，仍處於不斷變動與改革的狀態，使身處殖民地的臺灣理所當然的受到牽動。本論文以時間為軸，針對犯罪搜查的演進分為:「臺灣犯罪搜查的創設」、「日治前期犯罪搜查的實行」、「1924年代以降犯罪搜查的專業化與科學化」、「日治末期犯罪預防政策的轉向」四個部分。分述臺灣總督府以日本近代國家體制的基準，在殖民統治的現實考量下，建構出臺灣獨自的犯罪搜查系統的過程。
臺灣的犯罪搜查在不斷模仿日本與隨之改進的過程，儘管始終有著殖民地特有的法律特令，以及持續擴張的司法警察搜查權力，先後經歷軍事管制、臺日不同法，最後終於1924年臺日共同施行，以尊重人權所改良的新刑事訴訟法。在這過程中司法警察的組織，與犯罪搜查的措施不斷變動，面對社會犯罪型態的轉變，以及新刑事訴訟法的人權追求下，引發了以科學化為基準的合理犯罪搜查的追求、刑事警察的獨立與強化。同時因警察行政管理的擴張，使臺灣的犯罪搜查從一刑事訴訟中的個人案件程序，開始朝以整體社會為對象的犯罪預防政策，形成的犯罪偵防體制，最終在日治末期成為日本對臺灣進行戰時控制，與確保戰線後方經濟、人力資源的一環。
In 1895, Taiwan was ushered into the Modern Western State System introduced by Japan from the society with traditional legal thought of Qing Dynasty. The complete new state criminal justice system and measures fighting against crimes turned over a new page of criminal search in Taiwan. With the legal rights empowered by Taiwan Governor-General, the prosecutor and judiciary police can present proof initially and make judgment in the crime trial. With this new method, people in Taiwan had to accept interrogation, arrest, search and investigation, etc. which they had never experienced before in accordance with the code of criminal procedure. This study aimed at exploring how the colonial rulers in Japanese Occupation established the system of proving crime in Taiwan with national public authority. The viewpoint of modern state system is utilized, and the evolution of the three aspects of criminal law resources, searching organization and searching technology were studied. The historical development of criminal search in the 50 years of Japanese Occupation was thus explored. The new state system established within less than half a century since Meiji Restoration in Japan was still under continuous changes and reforms, which also subsequently affected colonial Taiwan. Based on the time sequence, this study categorized the evolution of criminal search into four chapters as the Establishment of Taiwan Criminal Search, the Actual Examples of Criminal Search in early Japanese Occupation, the Professional and Scientific Criminal Search after 1924 and the Change of Criminal Protection Policy Direction in late Japanese Occupation. The procedures of unique criminal search system in Taiwan established by Taiwan Governor-General, which was based on the standard of Japanese Modern State System considering the reality of colonial rule, were elaborated. Though the procedure of Taiwan criminal search, which imitated that of Japan and developed continuously, had the special features of colonial laws and continued expansion of judiciary police’s searching rights, it experienced the periods of military control and different laws between Japan and Taiwan. At last, the same law was implemented in both Taiwan and Japan in 1924 to respect the new code of criminal procedure reformed under the consideration of human rights. In this procedure, the organization of judiciary police and the measures of criminal search were frequently changed. New types of social crimes and pursuit of human rights under new code of criminal procedure resulted in scientific and reasonable criminal search as well as the independence and enhancement of police detectives. In the meanwhile, because of the administrative expansion of police, the criminal search in Taiwan was changed from the procedure of an individual case in the criminal charge to criminal protection policy aiming at the whole society, and the system of criminal investigation and protection were formed. Finally in the late Japanese Occupation, it became a factor of Japanese control over Taiwan during war time, ensuring the economic and human resources behind the war front.
In 1895, Taiwan was ushered into the Modern Western State System introduced by Japan from the society with traditional legal thought of Qing Dynasty. The complete new state criminal justice system and measures fighting against crimes turned over a new page of criminal search in Taiwan. With the legal rights empowered by Taiwan Governor-General, the prosecutor and judiciary police can present proof initially and make judgment in the crime trial. With this new method, people in Taiwan had to accept interrogation, arrest, search and investigation, etc. which they had never experienced before in accordance with the code of criminal procedure. This study aimed at exploring how the colonial rulers in Japanese Occupation established the system of proving crime in Taiwan with national public authority. The viewpoint of modern state system is utilized, and the evolution of the three aspects of criminal law resources, searching organization and searching technology were studied. The historical development of criminal search in the 50 years of Japanese Occupation was thus explored. The new state system established within less than half a century since Meiji Restoration in Japan was still under continuous changes and reforms, which also subsequently affected colonial Taiwan. Based on the time sequence, this study categorized the evolution of criminal search into four chapters as the Establishment of Taiwan Criminal Search, the Actual Examples of Criminal Search in early Japanese Occupation, the Professional and Scientific Criminal Search after 1924 and the Change of Criminal Protection Policy Direction in late Japanese Occupation. The procedures of unique criminal search system in Taiwan established by Taiwan Governor-General, which was based on the standard of Japanese Modern State System considering the reality of colonial rule, were elaborated. Though the procedure of Taiwan criminal search, which imitated that of Japan and developed continuously, had the special features of colonial laws and continued expansion of judiciary police’s searching rights, it experienced the periods of military control and different laws between Japan and Taiwan. At last, the same law was implemented in both Taiwan and Japan in 1924 to respect the new code of criminal procedure reformed under the consideration of human rights. In this procedure, the organization of judiciary police and the measures of criminal search were frequently changed. New types of social crimes and pursuit of human rights under new code of criminal procedure resulted in scientific and reasonable criminal search as well as the independence and enhancement of police detectives. In the meanwhile, because of the administrative expansion of police, the criminal search in Taiwan was changed from the procedure of an individual case in the criminal charge to criminal protection policy aiming at the whole society, and the system of criminal investigation and protection were formed. Finally in the late Japanese Occupation, it became a factor of Japanese control over Taiwan during war time, ensuring the economic and human resources behind the war front.
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Keywords
犯罪搜查, 刑事訴訟法, 司法警察, 人權, 犯罪偵防, Criminal Search, Code of Criminal Procedure, Judiciary Police, Human Rights, Criminal Investigation and Prevention