清朝台湾侦查制度研究

Study on the Criminal Investigation System of Taiwan in the Qing Dynasty

康熙帝于公元1683年统一台湾,在台湾全面施行清朝司法制度。清代台湾的侦查制度与大陆侦查制度在整体上具有共通性,但因其历史及地理位置的特殊性,在局部上又体现出差异性。清代台湾侦查制度的特点是:在侦查体制上采取多元多轨制;在侦查方法上采取科学的讯问方法与野蛮的刑讯手段并存;在侦查职能上与军事职能发生交叉。中华法系通过清代台湾200多年的渗透,对台湾当今的法制思想产生了不可磨灭的影响,是当今台湾法制具备中华民族特色的根源所在。

Emperor Kangxi unified Taiwan in 1683 A.D. , after which Taiwan executed the justice system of Qing Dynasty. The criminal investigation system of China's Mainland and Taiwan were mostly the same; however, there were some local differences because of the specialty of Taiwan＇s history and geo- graphical position. It had the following features： firstly, the leadership system was diversification; secondly, the investigative measures were both scientific and cruel; thirdly, the investigative function was in- volved into the martial one. The legal system of Taiwan in the Qing Dynasty exerted an extensive influence on the present, which can explain why the Taiwan modern legal system were rooted with Chinese ethnic spirit.