Reconsideration And Reconstruction On The Relationship Between The Prosecutorial Authority And The Police Power

The relationship between the procuratorial authority and the police power is an important issue in criminal pre-trial procedure. The model of it is especially significant for the criminal procedure. Therefore, every country pays great attention to building the relationship between the procuratorial authority and the police power. However, the model of it in China is based on the principle of"a division of labor with separate responsibilities and working in coordination and restraining each other"exposed some problems in judicial practice, which attracted the attention of theorists and practitioners. After introducing the relationship between the procuratorial authority and the police power in Chinese criminal procedure law, the author criticizes it in a objective and impartial perspective, then analyses the relevant provisions of foreign legislation and give some suggestions about rebuild the relationship between the procuratorial authority and the police power.Part I Reconsideration on Chinese relationship between the prosecutorial authority and the police power. The relationship between the procuratorial authority and the police power in China is based on the principle of"a division of labor with separate responsibilities and working in coordination and restraining each other", which exposed some problems in judicial practice: firstly, litigation is very low efficiency because investigation can not be well linked with prosecution ;secondly, public security organs have great autonomy right of investigation, which leads to violations of human rights seriously; thirdly, because of the public security organ and the procuratorial authority restraining each other and lack of responsibility of...