The Reconstruction Of The Relationship Between Prosecutor And Police

In today's judicial system reform, there are many studies on the relationship between prosecutors and police, and scholars put forward some reform program and measures, among which, the representative ones are as follows: investigation and prosecution unity, prosecutors and police integration, detection, prosecution and guides. etc. But there are still many controversial issues on how to improve relations between police and prosecutors until now. Studying the relationship between criminal law must be carried out before the study of criminal procedure. The relation between criminal prosecutors and police is one of the core content of legal relations, which is directly related to the realization of other criminal law relations, the core of the criminal pretrial procedure, and the important part of the national judicial system.Our age is a lawful era and the era of human rights. On March 14, 2004, the Second Session of the Tenth National People's Congress passed amendments to the Constitution,"the state respects and safeguards human rights"written into the Constitution. State clearly established a people-centered philosophy, which respects, protects, maintains and realizes human rights, guarantees the freedom, rights and interests of every citizen, becomes the theme of the society and the times, becomes the internal value of legislation, law enforcement, judicial, and law abiding, and becomes the basic operation principle of public power. Prosecutors and police relations is the core of our national criminal justice relationship, which embodies the cooperation and constraints of public power, thus, it is also an important component of the system of the protection of human rights in China.The reason why human dignity, freedom and interest were declared or recognized as a right, not only because they are usually faced with infringement, the risk of being denied and needed moral support and protection of state coercive power, but also because human rights is gauge and power of the progress of social civilization. Modern law is an arrangement for protection of human rights and coercive power. It is the human rights embodied the spirit of modern law and laid the basis for the rationality of modern law. The rights of citizens to possess and achieve often face a variety of forces and means of confrontation, intervention, violations and abuses, of which public power is the most significant forces. In the criminal investigation process, prosecutors and police agencies are weak because of power constrains; the two organs poor cooperation causes cases of human rights violations. Therefore, to effectively prevent the abuse of state power have become institutional development and the basic part of legal practice.According to our law, prosecution and punishment of public security organs charged with common crimes, the responsibility to protect human rights, the exercise of prosecution authority of the police authorities and the prosecution is facing unprecedented challenges. Currently, in the field of criminal justice, some law enforcement officials still focus on fighting crime, light the concept of human security, accustomed to the presumption of guilt, ignore the rights of criminal justice. So, we must strive to promote the concept of both combat and protection, and enhance people-centered sense and civilized law enforcement.This thesis holds the perspective of human rights protection of police and prosecutors to reexamine our relationship, discusses the basic concept of the relationship between prosecutors and police in China, and lays the theoretical base of the relationship between prosecutors and police. It furtherly introduces the concept of human rights, discusses the protection of human rights on the rationalization of division needs. Comparing the civil law and American and British law's basic position, it draws a conclusion that the mode of every country has its own advantages and disadvantages, and with the increasing calls of human rights, prosecutors and police relations model development trend are convergence. Finally, the thesis explains prosecutors and police on China's current relations legislation and to analyze the judicial practice of the status, citing its existed problems and causes; it proposes prosecutors and police relations model guided by the Human Security Concept to streamline its relations and promote the reform of judiciary of persecutors and police relations.