Research On The Relation Of Prosecution And Public Security

Abstract: The relation of prosecution and public security is the major part of the core legal relationship in the criminal suit. In regard to pre-trial procedure, it remains a significant subject. On some sense, a lot of procedure and institution in the pre-trial criminal suit is designed according to that. It concerns directly with pre-trial criminal procedure and determines the investigation and public prosecution. Simultaneously, it also affects and restricts the procedure and outcome of the trial, having great impact on the criminal punishment's realization. To scientifically construct the relation of the two parts, not only can arrange the investigation and realize smoothly the national pursuing power, finally effectively controlling the crime, but also can prevent the investigation power's ill-use in order to protect civil rights from illegal infringements. At present, the stipulation of two parts' relation in current legal system remains irrational. There are many problems to be solved quickly such as low quality of investigation, inability of legal supervisation, vulnerable protection of humane rights, waste of judiciary resource and litigation's low efficiency. Especially, it can't go well with the trial mode of accusation verse vindication and severe situations of peace security. Based on the above-mentioned reasons, it is necessary to arrange the relation of prosecution and public security as soon as possible in the pre-trial criminal suit. In the way, the criminal procedure and institution is surely to be designed and operate scientifically and reasonably in the criminal suit.In the thesis, author attempts to inspect and analyze the relation of prosecution and public security overseas. At the same time, a proposal of reforming step by step and improving the relation between two parts is given, after analyzing on modern state and defect of the relation of prosecution and public security, making a comparison of the relation at home and abroad, drawing the cream and essence of the counterpart overseas and combining the state of our nation. Firstly, a judicial explanation of establishing the mechanism of prosecution directing investigation should be added and keep the current judicial system and law steadfast in today's legal framework. At the same time, to reinforce the prosecution institution's supervisation and restriction on the police institution is a good way to raise the efficiency of pre-trial suit. Secondly, another way is to reform the institutions of prosecution and public security progressively and periodically and ultimately establish reasonably effective relation of prosecution and public security in order to solve the effect of that and maintain the current mechanism's operation.