Research On The Investigation-Procuratorate Relationship

Academic circles pay close attention to the relationship between investigative and procuratorial organ in recent years. And this is also the result of that people trend to the pretrial procedures which were treated coldly before. The ideal of fairness and justice of criminal procedure is not only embodied in the judicial procedure, but also embodied in the pre-trial process of investigation and prosecution. People have no reason to ignore the investigation-procuratorate relationship which concerns directly the purposes of punishing crime and protecting human rights in the criminal procedure. When treating, this relationship, the efficiency of investigation and punishing the crimes should not be the only consideration, the protection of legal rights should also be taken into account. The present relationship of our country lags behind the needs of criminal procedure development. It doesn't benefit controlling crime and protecting human rights. Some abstract regulations are not effective. The necessity of reforming the relationship was approved by a lot of scholars. Some scholars maintain that investigation should integrate with procuratorate. Some scholars propose several schemes about strengthening supervision of investigation. Some judicial personnel point out that public prosecution guiding investigation is an important way to reform the relationship. It needs academic circles and practice department to keep exploring together how to reform and perfect the investigation-procuratorate relationship. This thesis adopts the research way of comparative science of law to inspect the relationship's historical development and current situation of major countries in common law system and civil law system, and to analyse the defectand reason of it concretely in the light of the current situation of our country, then propose several concrete concepts to reform the relationship. The thesis expounds in following aspects: prosecutorial supervision over quashing of cases; review of compulsory sanctions; police's obtaining evidence under the guidance of the procuratorate; investigate personnel serving as witness at court; hearing system of nol pros cases.