Study On The Relationship Between Prosecutors And Police In China's Criminal Procedure

The first part of this article analyzes the differences of prosecution system between the civil law system and common law system, introduces the relationships between prosecution and police of typical countries and districts in the two legal systems and analyzes the advantages and disadvantages of the two relationships between prosecution and police. The second part of this article introduces the definition of relationship between prosecution and police by the criminal law of our country, and analyzes the problems and lack of the current relationship between prosecution and police. Furthermore, base on the actual situation and criminal judicial system in our country, this article discusses the method (establishment of the linkage system between prosecution and police) to improve the relationship between prosecution and police in our country, which shall include:(1) the investigation of evidence guided by prosecution; (2) the policemen's appearing in court as witnesses.The main viewpoints of this article are as follows:(1) during the investigation stage of criminal procedure, the countries and districts of civil law system generally establish the investigation system which is guided by prosecution, the characteristic of this system is efficiency, however, the prosecutor's participation in the investigation is limited in practice and the investigation is mainly done by the police; the countries and districts of common law system generally establish the investigation system which is guided by police, the characteristic of this system is protection of human rights, however, it also has problems in practice such as the separation of prosecution and police, and inefficiency of anti-crime. (2) There is also some merges of the relationships between prosecution and police of the two legal systems, for example, UK's reform in the cooperation of prosecution and police in the pre-trial procedures for the purpose of anti-crime. In order to guarantee the procedure justice, some countries and districts of civil law system also adopt the methods of common law system, such as policemen's appearing in court as witnesses. All these could be examples for our country. (3) The definition of relationship between prosecution and police in current laws of our country is not clear, and there are problems in practice:(a) lack of supervision, the lack of prosecution's supervision over the file or dismiss cases by police and the illegal activities during the investigation, which is not good for the protection of the legal rights of defendants; (b) lack of cooperation, the police's abilities of investigation of evidence could not satisfy the requirements of reform of trial; (c) the prosecution and police emphasize the cooperation outside the court, policemen generally are not appearing at court as witness, which adds difficulty to find the facts of complicated cases and causes a series of misjudged cases. (4) According to the current situation of our country, serious criminal and economic crimes are increased and the safety feeling of people is decreased. It is an urgent task of our country to reform the current judicial system to comply with the changes and developments of the society, however, it shall also take care of the relationship among reform, development and stable during the process of reform. Based on the trends of relationship between prosecution and police in the world and the current situation of our country, the reform of relationship between prosecution and police in our country shall be carried out step by step. While insisting the current investigation system, it shall also make improvements to it and establish the linkage system between the prosecution and police. For example, under the frame of Constitution, emphasize prosecution's supervision over police, establish the system for investigation of evidence guided by prosecution, and establish the system for the policemen's appearing in court as witnesses.