Relationship Research Between Supervision Of Investigation Functions And Prosecution Functions Of Procuratorial Organs

Supervision of investigation functions and prosecution functions are the core content of China's procuratorial functions, and also the major activity carriers of procuratorial organs'supervision functions. Now the two major functions are respectively exercised by supervision department and prosecution department. Such division mode can tighten internal supervision in the procuratorial organs, but can also result in the difficulty of correspond between two functions. Therefore, procuratorial organs have been exploring how to build a rational relationship between these two functions. Under this relationship, procuratorial organs can not only improve their procuratorial efficiency, but also take this problem as an important aspect of procuratorial organs system and mechanisms reform for more research and test.In the background, I write this paper. On the basis of researching supervision and prosecution functions'basic nature and content, I will discuss the pros and cons about the two different modes, and then put forward the proposition that we must insist on division mode by establishing a connecting mechanism between supervision and prosecution functions to reform the current relationship. At the last, I will give out the design about the connecting mechanism between supervision and prosecution functions. This paper will be mainly divided into the following three parts:The first chapter: Theoretical foundations of relationship between supervision functions and prosecution functions. First, I will discuss the nature of China's procuratorial powers. By comparing the five major theories, I accept the theory of legal supervision, in which decided this paper's theoretical basis and starting point in logic under our constitutional framework and polity structure. Second, analyze the nature and content of procuratorial organs'prosecution functions, and discuss the relationship between investigation and prosecution. On the basis of analyzing western countries'dependent mode and division mode, I will put forward our own characters and the existing problems. At last, analyze the supervision of investigation functions'characteristics and content, which include register supervision, approved arrest examination and investigation supervision.The second chapter: Analysis of relevant modes on relationship between supervision and prosecution functions. One is united mode. First, I want to talk something about the united mode's background from history background and legal basis. Second, I will summarize the advantages of united mode, such as united mode will help to establish the procuratorial direct investigation mechanism to strengthen supervision of investigation; will help to improve prosecution efficiency and reduce the risk of public prosecutions; will help to improve lawsuit efficiency, shorten the time spent in detain investigation and reduce the judicial cost; will help to avoid the disaccords about the verdict standards in internal procuratorial organs. Then, I will sum up the disadvantages of united mode. It will deny the independent value of arrest procedure, leading to the abuse or incorrect use of arrest right. It will do harm to strengthen the legal supervision status of the procuratorial organs. It will result in low case quality because of the lost of procuratorial organs internal supervision. In the end, by particular analysis, I conclude that united mode will not be the direction of reform because the disadvantages of united mode outweigh the advantages of it. The other one is division mode. By analyzing the legal basis and the status quo of division mode, I will table a proposal to reform the current division mode.The third chapter: Reform direction of relationship between supervision of investigation functions and prosecution functions-- connecting mechanism. First, find out the connecting mechanism's basic problems by analyzing its concept, purpose, rationality and necessary. Next, I will put forward the detailed design of the connecting mechanism, including connecting mechanism of register supervision cases, information circular mechanism of ordinary criminal cases, early intervention mechanism of major difficult cases, connecting mechanism of cross jurisdiction cases, connecting security mechanism and so on.