On Relations Between Investigation And Procuratorial Work In China

On Relations between Investigation and Procuratorial Work in ChinaThe reason why the relations mode between investigation and procuratorial work are receiving unprecedented discussion and research lies in the fact that the values and construction of criminal proceedings have witnessed quite some adjustments and changes since the criminal procedure law was amended in 1996. The new law has discarded the old unitary value system centering upon "order" and turned to seek balance between the value of "freedom" and that of "order". The old strong inquisitorial legal system has been thoroughly transformed. A new legal structure, which has absorbed elements of British and American adversary system, has come into being. However, the changes in court trials and legal concepts have not represented themselves in the investigating and prosecuting processes of criminal proceedings. The old relations between investigation and procuratorial work, as is characterized by their separation of work, mutual cooperation and mutual check of power, compounded by the fact that the procuratorial organ also serves as the judicial supervision organ has led to many problems in actual judicial practice. For instance: the unity of investigating and prosecuting work is broken off, which easily leads to clashes between investigation and procuratorial organ; public prosecution is rendered quite inefficient and its impartiality is affected; supervision of investigation is equally weak; mutual check of power between the two parties is virtually missing, to name only a few.How to improve the relations between investigation and procuratorial work in China? After studying the relations of the two in some other countries, the author comes to the conclusion that although the three existing modes, i. e. separation of author investigation and procuratorial work, integration of the two and proper combination of the two are all reasonable and practical in their respective countries, they are, to a great extent, determined by their respective cultures. That's why, according to the author, in spite of the tendency for foreign and domestic criminal procedures to converge, we need to take our own culture into consideration while trying to adopt foreign laws. The thesis goes on to discuss the value objectives we need to attain and the principles and rules we need to abide by when we try to improve investigation and procuratorial relations in China. Lastly, some practical methods for improving the relations in China are proposed. Currently in China the relations between the two have already been improved to some extent. By reforming institutions within investigation and procuratorial organs and drawing up a cooperative system between the two in accordance with existing criminal procedure law the supervising function of the procuratorial organ is strengtherned and the guidance of procuratorial organ over investigation is better realized, Moreover, the pre-enter of procuratorial organ should be institutionalized and conventionalized and the relations of the two should be brought into better balance so that the prosecution work can be better realized. Nevertheless, the above practice does not truly and thoroughly solve all problems. The author thinks that the pre-trial procedure that is to be constructed in China should be centered around the procuratorial process, with the investigating organ providing necessary assistance. While the procuratorial organ is to guide the work of the investigation organ, the latter enjoys certain independence of its own. The two, together with the defender are all restricted by judicial requirements. Only by doing so can we solve all problems existing in pre-trial procedures. Although the thesis has proposed some ways to improve the relations, ideal relations between the two must be based on the reform of judicial system and criminal procedure law. The relations are only part of the pre-trial procedures, its effective operation must be supported by the reform of other related procedures. Otherwise, the so-called ideal relations would be out of the question.