A Rational Contemplation To Prosecutorial Organ Guided Investigation System

the double functions of the procuratorial organ as legal supervision organ and public prosecution agency enable it to exercise the power of guiding the investigative organization to the right direction to ensure the all-sidedness and reliability in the process of collecting and determining the evidences according to the law on grounds of the necessity of accusing crime as well as supervising the criminal investigation of the investigative organization. In public prosecution, the balance and unification among the substantive justice, the procedural justice and the efficiency of the procedure is required. The guided-investigation system brings forward the supervision of the investigation, thus, strengthens the supervision over filing cases and supervision of investigation, and promptly prevents and rectifies the omissions of some cases and the unlawful practices in criminal investigation. However, as this system also takes accusation as priority, it cannot essentially strengthen the control over the criminal investigation, on the contrary, it tends to weaken the legal supervision. In addition, the theories on which this system is based are only extended and derived from some related legal rules such as legal supervision, supervision of investigation or right of public prosecution, without any well-grounded legal basis at present. Being too weak is a great fault of this system. On the other hand, we should also affirm that prosecutorial organ guided investigation is very different from the theoretically tenable assumption of integration of procuratorial organization and police agent. As a relatively reasonable and practical mechanism, it has sufficientreason to exist in current legal frame. It also goes in conformity with our consistent advocation of stable and gradual reformation of the judicature. Due to its flexibility, we can make full use of our native legal resources to adapt and improve this mechanism for our own situation. When we draw up the specific plans, we should make clear the procuratorial organ guided criminal investigation system, establish the supervision and restriction on filing and withdrawing cases, form the contemporary right of supervision, set up the system of procurator's power to guide the police and set up organ to reform the interior functional structure of the prosecutorial organ from the angle of the criminal procedure law.