From Procurator's Intervention In-advance To Prosecution Guiding Investigation

The practice of Procurator's Intervention In-advance and Prosecution Guiding Investigation affects the developing of the relationship between the procurator and police consciously and unconsciously, to some extent, its theory and experience inspires the study and reform on the relationship between the procurator and police in China's situation. Procurator's intervention in-advance stemmed from Strike-hard in 1982, with original intention to intensify the ties between the procurator and police for accusing crimes quickly. In 1999, People's Procuratorate in Zhoukou regulated the Procurator's Intervention In-advance, and named it as Prosecution Guiding Investigation. The system was agreed by Supreme People's Procuratorate, and been tried out in some areas.We always can see the idea of strengthening the cooperation between the procurator and police, fighting against crime sternly in the history of Procurator's Intervention In-advance, which means the practice purports not to change the parallel relationship between investigation and prosecution, but serve to the procedural structure of investigation prosecution trial parallel and maintain the situation of police host procurator assist. Prosecution Guiding Investigation not only upholds the purport of Procurator's Intervention In-advance on the aspect of closing contact between the procurator and police and strengthening control of crime, but also widens the scope and path of intervention, establishes the system and regulations. However, the ability of Prosecution Guiding Investigation and its function on improving the quality of case handling, lightening the burden of prosecution, and actualizing Investigation Supervision was been magnified. Prosecution Guiding Investigation is a unique phenomenon which is caused by many factors such as power structure of dividing their functions, each taking responsibility for its own work, coordinating their efforts and checks each other, the changing of criminal procedural structure and the pressure of criminal accusation. Although the system advocates to consolidate Investigation Supervision through guiding, and balances the double targets as strengthening cooperation to control crimes and consolidating supervision to protect human rights. Its practice proves guiding can't bear the responsibility of consolidating supervision to protect human rights.Neither Procurator's Intervention In-advance nor Prosecution Guiding Investigation can universally infiltrate into the criminal procedure, leads not to change the relationship between the procurator and police comprehensively; their impact is local and minor. The relationship between the procurator and police is pleasurable totally. Prosecution Guiding Investigation impels the pleasurable relationship in some areas of china through eliminating the conflicts between the procurator and police in non-arrest and non-prosecution cases, but inappropriate guiding will increase tension between the procurator and police. Otherwise, the excessive close between the procurator and police avail not to the exertion of right of investigation supervision. Prosecution Guiding Investigation shall conform to the distance principle of the relationship between the procurator and police, both strengthen the contact between the procurator and police, and set appropriate distance for investigation supervision.It's inappropriate to practice Prosecution Guiding Investigation all over the country and reunify the regulations of Prosecution Guiding Investigation in present. We should consider different status quo in local relationship and adjust measures to local conditions. Finally we suggest to improve Prosecution Guiding Investigation from the aspects of separating the guiding procurator and the reviewing one, integrating reviewing and making a decision of arrest and prosecution, spot checking and guiding of usual criminal cases, intensifying the professional discipline and responsibility of the procurator and police, establishing the operation assess-targets, intensifying the investigation supervision etc.