Prosecutors And Police Relations Theory

In the view of criminal procedure, procuratorate-police relation is a kind of special legal relation in criminal procedure law. This article uses history analysis and comparative method, uncovers the basic rule, tenet of the development of procuratorate-police relation, the similarities and differences and the reasons among nations in the world. This article also establishes procuratorate-police relation theory, and inspect impersonally procuratorate-police relation in China, finds some problems which are popular nowadays, then makes some comments on procuratorate directing police mode, let it be a direction of our information, and makes our procuratorate-police relation as a kind of directing-directed relationship. The Article is divided into five chapters:Chapter I: The introduction of procuratorate-police relation.This chapter inspect procuratorate-police relation from the point of view of criminal procedure, points out procuratorate-police relation is a kind of legal relation, and at the same time admit it is also a kind of organizing relation, authority relation. But in the view of criminal procedure, organizing relation and authority relation working surrounded the legal relations in criminal procedure closely which has the inscape of subject, object and content. Compering to other criminal procedure relations, besides legality, right-obligation—incorporate as authority-responsibility—constraint , the subject of procuratorate - police relation is the departments of our country, it's content is exclusive, and it's objects is to investigate crimes and punish criminals. The law sources of procuratorate - police relation are constitution, criminal procedure law, law interpretation and so...