Talking About The Relationship Between Procuratorial Organ And Police In Future Prospects Preface Pertaining To Crime Litigation

The code of criminal court revises in 1996, the traditional super job power doctrine litigation mode got the reformation of certain degree, taking controling to review separation and controling to argue to resist as to control an argue type a court to review a way basically at our country gradually build up.The new court reviewed a way to absorb the basic factor of the party concerned doctrine, returning accusation working talent to return an organization in the the prosecut , enhancing public prosecutor to offer as proof a responsibility, Be the prosecut of"control greatly square" organization and investigate an organization of relation at further close.But, because of gradually enter type reform of inside blemish, our country review the reformation problem of future prospects preface to be put off in the pertaining to crime litigation, do not build up with judgment the way reviews a future prospects preface mutually and consistently.The the prosecut of"the division of labour is responsible for, work in coordination, mutual check and supervision" relation the present condition exist many blemishs, the abuse, human rights which reviews a future prospects preface a Chinese house a power guaranteed a weak problem and don't get a basic change.Judicial in the fulfillment, police's power of excesssive the inflation and public prosecutor law inspect of place falsely, displayed the prosecut to relate to the serious bane brought by alienation toward us.Strengthen to review the research of relation of the prosecut organation and investigate organization within future prospects preface, raise quality, efficiency and human rights guarantee of reviewing the future prospects preface, build up candor, efficiently, the just proper the prosecut relation become the point that the pertaining to crime reviews a future prospectspreface reform.Chapter 1 theories which the prosecut relation says all.The relation of prosecuting and investigating means the prosecut organization, public security official the organization is in the pertaining to crime litigation especially in investigate the activity according to respectively of position and the job relation of power exercise but creation.In the pertaining to crime litigation, the litigation role of police's organization is an investigating of complete meaning organization;The prosecut organization to undertake a reviewing indictment and attend the litigation working talent of law court support indictment as all countries in the pertaining to crime litigation widespread approbation.Prosecuting and investigating of near concern derive from a litigation stage to investigate up procedure with indictment of natural inherit a relation.The prosecut relation is the work relation that two different and public power organizations become in the pertaining to crime litigation actually, two the law position really recognizes to is a power allotment problem actually, namely law to national power in the realm of the pertaining to crime litigation how give the prosecut organization and police's organization install of problem;The principle which the prosecut relation includes four aspects:Power check and balance principle, pursue a principle, economic efficiency principle, rationality principle effectively.The pertaining to crime litigation structure takes law position and correlation of corpus in the pertaining to crime litigation as a research object, the prosecut's relating to is also with"position" and"relate to" for research object, it and pertaining to crime litigation the structure has on the research object from belong to a relation, as a result pertaining to crime litigation structure and the prosecut relation of the relation which is a to decide and be decided, is also say, have what kind of the pertaining to crime litigation structure will have what relation.In the triangle structure, the prosecute, investigate organization becomes "the integral whole turn" easily, the the prosecut organization is in the core predominant position, the police force is to lend support to public prosecutor to implement a public prosecution working talent.Can treat litigation as a kind of"both parties combine" in"line form structure", a square is is a whole national investigate and control, review an organization, another one square is accused person, end result in investigate , control, review three organization consociations to deal with accused one square's situation.Sue a working talent and vindicate a working talent and judge a working talent these three greatest working talents are the most basic litigation working talents in the pertaining to crime litigation, investigate to belong to accusation working talent.Investigating the activity is the necessity preparation for indicting, suing or don't suing to then investigate a terminative law processing, the public prosecution is to investigate of inevitable extension with direct purpose.Investigate to belong to the same accusation activity with public prosecution, with each other is integral whole, among them public prosecution is lord, but investigate in order to assist,Chapter 2 different method fastens nation the prosecut a relation a guideline.The article fastens to big six methodses respectively medium of France, Germany, Japan, Italy and English, beautiful method fasten medium of the United States, England of the the prosecut relation carry on synopsis introduction and critique, announcing to public a dissimilarity the prosecut system of gains or losses.The two greatest methods fasten the value of the nation to the control crime and guarantee human rights each have already laid particular emphasis on, but in prosecuting the constitution of present relation with the operation of power up, all notice value of looking after both sides this both side, take side mutually, take long repair short, carry on candor objectively hard the core that the public prosecutor development of activity becomes pertaining to crime litigation.The Russian pertaining to crime litigation brings about profound influence on our country litigation system, the article made synopsis introduction to the the prosecut relation in the Russian pertaining to crime litigation, the the prosecut in the Russian pertaining to crime litigation related to an end body to the prosecut organization to make exchange to check and investigate an organization for that country now highest of conductor and direct power.Owing to Russian pertaining to crime litigation system and our country the judicatory reform development trend inconformity, and its the prosecut direct system and our country the prosecut direct, the system has essentially more and greatly distinct, so do not make a comparison.Chapter 3 our country the prosecut a relation present condition analysis.Our country the prosecut relation of the present condition is "the division of labour be responsible for, work in coordination, mutual check and supervision", public security official's organization is responsible for great majority case to investigate, an organization in the prosecut to mainly be responsible for a reviewing indictment, put forward public prosecution and support public prosecution.Public security official's organization investigates the accusation that the activity doesn't belong to the prosecut a hospital, the power of public security official's organization is super and strong, checking the power opposite minority of prosecut.The current prosecut organization and investigate an organization of relation split into pieces to investigate with sue of relation;Waste a judicial resources, make litigation efficiency lowly, influence sue quality;"The prosecut conflict" happen easily, result in the litigation relate to not and fluently, investigate a mechanism not harmony ;The disadvantage commits crime in the guarantee suspect person and other legal rightses concerning citizen.The court reviews a way to come to a decision mode that the prosecut's relation, the reform is behind of control an argue type a court to review a way request to set up new the prosecut a relation.The chapter 4 perfect our country the prosecut a relation of counterplan.The purpose which the prosecut relation reform contain 2, one changes currently existent"the prosecut conflict" problem in the judicial fulfillment, it two would be to slice a solid protection to commit crime the suspect person's basic human rights, support judicial procedure justice.Adjust "the division of labour be responsible for, work in coordination, mutual check and supervision" principle, will investigate a procedure define to prepare procedure for the public prosecution procedure;I am reasonable to install the prosecut organization to investigate power;Giving the public prosecutor investigates a procedure predominance power;The public prosecutor investigates the judicial reviewing power of activity to the detective;Establish to unify proof specification, build up reviewing an ex- proof to expel rule.The new relation which becomes the public prosecutor instruct the detective organization.