Study On Cooperation And Supervision Of Procuratorate-police Relation In China - Perspective To Criminal Pretrial Procedure

In the last century 80's, disadvantages of the procuratorate-police relation have gradually revealed. Scholars have launched a reform of the procuratorate-police relation,forming different ideas. Under the direction of principles of "answering for dividing the work, cooperating each other and restricting each other" and "legal supervision". Some scholars believe the drawbacks of procuratorate-police relation rooted in the two unreasonable principle, and propose to cancel. A construction of logical and rational relationship of procuratorate-police helps a lot not only in straightening the relationship, but also in preventing the abusiveness of detection power and protecting the rights and interests of citizen.In this article, I researched the procuratorate-police relation and conformed necessity and rationality of cooperation and supervision using comparative analysis and empirical analysis, based on the actual situation of our country.The article is divided into five chapters:Chapter I:The summary of cooperation and supervision of procuratorate-police relation.This chapter describes the principle of cooperation and supervision, analysises on the legal characteristics and theoretical basis. Cooperation and supervision are not completely opposition. Procuratorial organ and public security organs generate cooperation based the division of work. Procuratorial organ also perform supervisory duties according to law; Allocation from the national point of view of judicial power,procurators' supervision need public security organs' cooperation.This is the should-be relation of cooperation and supervision.Lawsuit purpose,pipelined litigation model, the need of accusation function and political power organization form determine the necessity and rationality of cooperation and supervision .Chapterâ…¡:The present situation and problem of cooperation and supervision. Reviewing the relation of procuratorial organ and public security organs,analysis the deficiency of cooperation and supervision. There are two points: cooperation is mismatch, lack of effort, resulting in detection is not an effective prosecution service;supervision is weak, leading to litigation supervision prosecution, saying the investigation power to abuse, human rights vulnerable to infringement.The reasons causing these problems are analysed deeply from the concept,the legislative and the practice.Chapterâ…¢:A comparative study on relation of cooperation and supervision in abroad.Selecting different models of prosecutors and police relations in countries, two are the same whether integration of prosecution and inspection or separation of prosecution and inspection.First,supervision is expanding; second, accusation function needs cooperation.Chapterâ…£:The idea of improving of the cooperation and supervision relation between procuratorial organ and public security organs. Firstly, discuss the ideal pattern of procuratorate-police relation, equal attention on cooperation and supervision; equilibrium on justice and efficiency;overall supervision and prominent major points. Under the ideal pattern,improve the system and related mechanism construction.In the system,expand the scope of cooperation and supervision; improve the system of procuratorial work guiding investigation; improve the system of conditional arrest;construct the system of audio and video recording.In the mechanism, establish the mechanism of criminal investigation and verification of monitoring data communications; the mechanism to submit higher authorities or peer people's congress to settle disputes; perfect the scientific performance appraisal mechanism, investigation and arrest linkage mechanism.