The Choice Of Procuratorate-police Relation

With the advance of judicial reform, it is caused the extensive attention and aroused heated discussion by the reform of the procuratorate-police relation and public security. The intention of writing this paper is to explain which the relation of prosecution and public security is the most reasonable. This paper introduces the general theory of the relation of prosecution and public security and analyzes the current situation of our relation of prosecution and public security. All of this is to lead to the conception of the academics and the reform of the practice sector. According to all of these conceptions, the most controversial is integration of procuratorate and investigation and according to all of reformation; the most prominent is procuratorate directing investigation. After therefore the integration of procuratorate and investigation and procuratorate directing investigation are compared after elaborating, the answer is the integration of procuratorate and investigation is the most reasonable model.The origins of writing this paper, the core issue, as well as research methods, such as simple clues are introduced in the part of the introduction. ChapterⅠof this paper take the basic theory of the procuratorate-police relation as a breakthrough point, and summarizing the meaning and significance of the procuratorate-police relation. The meaning of the procuratorate-police relation is the relation of the prosecution who owns the public-prosecuting power and the public security who owns the investigation power in the pre-trial procedures, and the essence of this relation is how to coordinate the public-prosecuting power and investigation power. The relation of the public-prosecuting power and investigation power is the most important problem in the pre-trial procedures, which relates that one is implementation of the aim of criminal proceedings and the value of efficiency the other is security of human rights.ChapterⅡof this paper analyzes the procuratorate-police relation. Based on historical background of the procuratorate-police relation, the paper defines the relation under today's circumstance and analyzes its current situation. Theoretically, there is much issue on the orientation of the procuratorate-police relation in China nowadays. One-way supervision contradicted with two-way constraint, linear-assembly litigation structure because of equally independence and respectively responsibility contradicted modern isosceles-triangle litigation structure, so that cooperation disturbs supervision. In practice, there exists much drawbacks in Chinese current procuratorate-police relation:such as supervision can not play their role, low efficiency of the litigation, the problem of evidence and evidential ability ,the scout out of control and so on. All these shows, current procuratorate-police relation urgently require reformation. From the beginning of this century, it opens exploration of new procuratorate-police relation, and within the exploration, integration of procuratorate and investigation and procuratorate directing investigation stands representative role. Thereupon, the author chose the two mode for comparing and analysis, expecting to conclude most ideal and reasonable mode of relation of prosecution and public security。ChapterⅢof this paper is a comparative study on the mode of procuratorate-police relation between China and foreign countries. It is mainly to compare our country and counties of civil law system as well as counties of common law system. Which is to be stated is that similarities and differences between our county and counties of civil law system, also between our county counties of common law system.ChapterⅣof this paper makes a comprehensive analysis of the most controversial integration model of procuratorate-police relation in the academic area. The integration of procuratorate and investigation is proposed by Mr. Chen Xingliang which caused great repercussions in the academic. The scholars published books one by one. There are supporters and opposed controversial. I agree with this view of Mr. Chen. By the view of the author, the model of the procuratorate-police relation refers to the model that makes the procurator a dominant position in the investigation process by a foundation of the modern criminal procedural structures, separates the judicial police and security police, makes the procurator can command the judiciary police's investigation of activities by the perspective of supporting indictment. In addition to the definition of integration model of procuratorate-police relation, the author described theoretical basis and the specific the construction of it. In theory, the integration model of procuratorate-police relation is a model by the basis of pattern of the rule of law and the modern criminal procedural pattern, making fairness and efficiency as the pursuit of value. This model also needs the support of many systems, such as improving monitor system, the equilibrium mechanism of accusation and defense, police testimony institution, a strict prosecutor's system. No matter system which the existing system had not. It is necessary for the establishment of the integration model of procuratorate-police relation. It needs the reform not only from the system but also the concept, which making it possible for us to accept these tremendous changes in the system. So, there is Conclusion to be that integration of procuratorate and investigation is better than procuratorate directing investigation.ChapterⅤof this paper is analyzing the model of procuratorate directing investigation which is proposed by Dr.Zhongsongzhi in his PhD. Dr.Zhong is expert of procuratorate with many years procuratorial experience. The model which he refers to is behalf of the concept of practice sector. At the same time, as a procurator, Dr.Zhong has a personal experience of the current the relation of prosecution and public security, so his starting point is to solve the problems in the practice of the relation of prosecution and public security. The meaning of procuratorate directing investigation is during the criminal proceedings, there is a relation between procuratorial organs and police organs which the aim is to realize the common crime and the protection of human rights purposes by procuratorial organs in the investigation activities could comment the views and recommendations which have the legal effect. As well as the chapterⅣ,this part also elaborates the content construction, rationale and concrete system of the procuratorate directing investigation. And the content is the suggestion power, procedure domination and sanction power of procuratorial organs. In the theory, the fair and efficiency is also the model of procuratorate directing investigation'values. Procurator power and public prosecution together is the aim of the procuratorate directing investigation. The key is that coordinate with each other, share the responsibility, mutual restraints are still the guiding Principles of procuratorate directing investigation. Finally specific systems construction of procuratorate directing investigation is introduced.TheⅥpart of this paper is mainly to compare the integration of procuratorate and investigation and procuratorate directing investigation, so that get the answer of the integration of procuratorate and investigation is better than procuratorate directing investigation, which is the most reasonable model. Comprehensive full text analysis, we can find out the crux of the issue is the guiding principles which is no longer adapt to democracy, the development of the rule of law, and this point also is the difference between the integration of procuratorate and investigation and procuratorate directing investigation. Integration of procuratorate and investigation is basis on modern criminal proceedings pattern which combines the functions of public-prosecuting and investigation. procuratorate directing investigation is still basis on the old guiding principles, which solves the drawbacks of practice by strengthen the supervision of the procurator, etc.In this paper, on the view to be elaborated and at the same time also wants to transfer the two all thinking, one is to the reform of the legal system, the method of just treating the symptoms not the root is not enough,the right way is to find out the crux and use the method of eradicate defects, the other is the judicial reform should not be merely to the repair of the old system. Our judicial reform should increase the depth and breadth.