Reasonable Orientation Of Police Relations In Criminal Procedure

Abstract:In criminal proceedings, procuratorial organs and the public security organs as the prosecution of crime subject which the police is responsible for criminal investigation, prosecution is mainly responsible for the prosecution of the case review and prosecution. The public security organs and procuratorial organization has natural close contact. It has the vital significance to correctly handle the relationship between prosecutors and police, for exercising the state prosecution the right, ensuring criminal procedure and completing the task and the realization of judicial justice. The construction of the relationship between police and procuratorate is a complex systematic project, it is subject to a country’s constitutional system, historical traditions and legal culture and other factors.The first chapter of the thesis introduces that at present in our country, the relationship between the public security organs and the people’s procuratorial organs is a "division of labor with individual responsibility, mutual cooperation and mutual restraint" kind of relation, based on the procuratorial supervision. In practice.it has resulted in a lack of fit、weak supervision and inefficiency. The second chapter compares two big legal systems of the mode between the public security organs and the people’s procuratorial organs, to understand the overseas related legislation and practice. The academic circle and practice circle pay close attention to the adjustment of our country police-prosecution relationship extensively. The third chapter describes the constructive scheme reforms:such as dual leadership mode or leadship and supervision mode, strengthening the supervision and restriction of the procuratorial organs on the public security organ, the mode of prosecution guiding investigation and integration of the procuratorial and the police security organs. In many reform schemes, applying the mode of " integration of police and procurator " in civil law countries on reconstruction of the relationship between police and procuratorate in our country has the highest voice. The author agrees to comply with the objective law of criminal procedure, based on the experience of foreign processing police-prosecution relationship, the integration of police and procurator is the basic principle. On the other hand, the author thinks that we should not follow blindly, while learning foreign related system,we must consider the situation of our country and the political and cultural background, then we can really solve practical problems, and ultimately achieve the purpose of the fight against crime, improving efficiency and protecting the human rights. Integration of police and procurator pattern course has its superiority, but whether the investigative mode and its supporting system in the current situation, or today’s organizational structure of the public security organs and the people’s procuratorial organs, it doesn’t have the conditions to realize immediately.In order to solve these problems, the author put forward a "two steps" tentative idea on the basis of the situation in China through drawing lessons from the experiences of other countries。Gradually realize the system design called "the integration of police and procurator". The first step, a short-term project is also a transitional program, by strengthening the restriction mechanism, strengthening the investigation right of procuratorial organs, perfecting "early intervention" system of the prosecutorial authorities, improving our custody necessity review system, gradually enhance the understanding and coordination between the public security organs and the people’s procuratorial organs. The second step, the long-term goal is to achieve the integration of prosecutors and police, by establishing the central position of the prosecutor in the investigation procedure, reasonably defining the scope and manner of the Attorney Command investigation, establishing smooth suspect’s rights relief channels, realization and implementation of chief prosecutor specialization, through these scurity mechanisms, to make it play an important role in the criminal proceedings as soon as possible.