Comment And Practice On Police-Prosecution Relation's Reformation In Our Country

Police-prosecution relation is a hot topic in theoretical discussion of law in recent years, for it is an unavoidable content of building chinese juridical system conforming to modern juridical spirit. "Responsible for own field of work, keeping cooperative and mutual restraining relationship" is the guided criterion, which is used to regulate the police-prosecution relation formulated by the constitute and criminal law. The paper analyses and compares the background, respective advantages and disadvantages of the split mode in Anglo-American law system countries and the combined mode in continental law system countries, elaborates the reforming trends that these two modes are more and more close and integrated. On the basis of comparing the modes in our country with the split mode and the combined mode , illustrating that there are two evils in the current relation mode in our country, that is , the control of the procuratorial organ on the investigation is not enough, and the procuratorial supervision is more in name than reality . The paper analyzes four reasons of the evils : the full independency of investigative function and the backhand retraining appealing is against the law of setting investigating and the procuratorial function . The system of the procuratorial restraining the investigation does not run well and the guarantee measures are not enough strong. The procuratorial organs are separated from the investigation, difficult to guide the investigation organs are separated from the investigation, difficult to guide the investigation for criminal procedure, lowering the efficiency of the court hearing. The juridical inspection system has holes, and the investigation restraining procedure is lagging, not beneficial to protecting human rights. The paper advances the future pattern how to reform and consummate police-prosecution relation in our country.