The Compare Of Proseecutor-Police Relationship Between China And South Korea

The prosecutor-police relationship is a kind of relationship among state powers and among organizations within the framework of the constitution, as well as an important part of criminal procedural legal relationship. As for the protection of human rights required by the constitutional framework and constitutionalism, the prosecutor-police relationship is a very important subject. The prosecutor-police relationship of the Republic of Korea is characterized by the dominance of prosecutorial powers over investigating powers, i.e. procurators lead judicial police, emphasizing restraint of police powers and fully protecting human rights in criminal suits.The prosecutor-police relationship of China is characterized by an investigation-oriented model of prosecutor-police un-correlation. Prosecutorial organs and public security organs are assigned with individual responsibility and are mutually coordinated and constrained in criminal suits. This kind of relationship between prosecutors and police results in many problems demanding prompt solution in criminal suits, such as inadequate investigation, and low lawsuit efficiency, weak guarantee mechanism of human rights and poor legal supervision.In recent years, domestic jurisprudential circle of criminal suits and departments of justice administration have been paying great attention to this problem. A number of scholars of criminal procedural laws ponder deeply over this problem and make an intensive study of this problem. They have come up with various ideas for the reform and perfection of the prosecutor-police relationship from various angles one after another and have found out theoretical foundations and practice to support their points. Most of these researches focus on the field of criminal procedural law and a number of achievements have been made. However, these theoretical explorations address the symptoms, instead of the cause in perfecting the prosecutor-police relationship of China and improving lawsuit efficiency, so they cannot get to the root of the conflict between prosecutors and police in the field of criminal procedural laws.In order to get to the root of these problems, we should start with the adjustment of the prosecutor-police relationship, which is directly related to routine structure of criminal pretrial and determines the pattern of investigation and public prosecution as well as affects and restrains the process and results of a judgment and finally exerts a far-reaching influence on the realization of power of punishment and the build-up of harmonious society. Establishing the prosecutor-police relationship in a scientific way can be of great help in rationalizing the relationship of investigation and attaining the state power to prosecute smoothly and finally achieving the goal of effective control over crimes. It also can reduce the abuse of investigation power and make sure that legitimate rights and interests of citizens are protected from being infringed.Currently, the researches of the prosecutor-police relationship in domestic jurisprudential circle mostly focus on the field of criminal procedural laws. The author believes that scientific definition and effective operation of the prosecutor-police relationship should be started with the constitutional framework to reflect the essential demand of the build-up of constitutional government so as to provide support for the guarantee of human rights and the build-up of harmonious socialist society. In the process of the reform of the judicial system of China, We should learn from the prosecutor-police relationship of the Republic of Korea to rationalize the current prosecutor-police relationship of China as quickly as possible and make the definition and operation of the prosecutor-police relationship more scientific and reasonable.In this paper, the author studies and analyzes the model of the prosecutor-police relationship of Korea as well as the current situation and imperfection of the prosecutor-police relationship of China at the same time. Based on comparison and references and combined with the actual situation of China, the author roughs out some ideas about reforming and perfecting the prosecutor-police relationship of China step by step. Firstly, within the framework of the current constitution and laws, i.e. without fundamentally changing the current judicial systems and laws, we endeavor to improve the prosecutor-police relationship in China through filing a case investigation, conducting investigation and transferring cases. At the same time, we strengthen prosecutorial organs' guidance on investigation to make the guarantee mechanism of human rights work effectively. Secondly, in order to fix the defection of the prosecutor-police relationship of China and not to affect the operation of the current mechanism, the author proposes the reform and perfection of the prosecutor-police relationship should be conducted step by step and phase by phase.