Research On The System Of Guiding Investigation By Prosecuting Attorney

The system of guiding inestigation by prosecuting attorney arises from the practice, which gains the approval and sustainment of the supreme court of the People`s Republic of China. Innovation needs the instruction and sustainment of theories, however, the domestic research on the theory of the system is poor. The author exercises the means of logic reasoning and comparative study to do a complete research on the innovation from aspects of theory and practices. There are six part of this paper, and the original points of view are as the following:1,The paper analyzes the value of developing the system completely and thoroughly, contributes an original analysis on the effect of the system on the litigation economy, and points out the implementation of the system can reduce the error cost, the ethic cost and the direct cost, which is in accordance with the principle of litigation economy consequently. In addition, the paper analyzes the malpractice of the existing surveillance on inspection, and considers the existing system is the surveillance after the event, the written surveillance and the soft surveillance. All of these disadvantages result in the existing system can not take the due effect.2,On the reference of the theory of the system, the author criticizes the viewpoint and references of the theory of supervision and the theory of function with logic reasoning, and considers that both two theories only focus on one aspect of guiding, omitting the other aspect, which result in incomplete sequent. Meanwhile, the theory of integration accords with the system more. Here, the author sets forth the reason to agree with the theory of integration. 3,With regard to the relation between the procuratorial organ and the investigation organ under the system, the author reasonings that the two organs should appropriate the relation on separate basis, while not adopt the mode of integrating two organs as a whole. The author discusss the said on three aspects: the existing government frame, the present regulation and the trend of international development. 4,Regard to the part of the function of the system, the author considers the novelty of this part include the following: (1)The method of the system. The author analyzes general and individual method in details. (2)Time limit of the system. Time limit should begin with the date of investigation action to the decision made by inspection department. (3) The scope of the system. There are two dominant viewpoints exist. The author analyze the two point individually and makes the conclusion that there should be no district on the suit scope.5,In regard to the guarantee of the system, the author analyzes the advantages and disadvantages, considering that "dividing the work,taking charge and cooperation each other" is the basis of the relationship of the procuratorial organ and the investigation organ under the system. However, we should give a definite explanation. on the other hand, we should abolish the relationship of "restricting each other", or set down binding regulation.