Criminal Prosecutors And Police Relations

With the reform of the investigation procedure, the police and procurator relationship attracts more attention. It substantially concerns arraignment between investigation power and pubic prosecution power in state. The relationship affects, for instance, the procedure of investigation, the procedure of prosecution and trial, etc. Furthermore, there are some flaws in the police and procurator relationship in our country, which brings unreasonable tension between police and procurator, huge investigation powers of the state and so on. It is necessary to study it carefully by comparing this the police and procurator relationship of other states. In order to keep pace with the proposed reform in criminal proceedings in present China, the author advises that the relationship between police and procurator should be properly coordinated and reasonably consolidated.This thesis consists of following four parts, which is about 40000 words.The preface of this thesis explores the meaning of the police and procurator relationship and its importance in criminal procedure. When police and procurator intervene in criminal cases, the police and procurator relationship gradually takes shape and reflects allocation of powers and obligation of police and procurator. In a word, the police and procurator relationship naturally belongs to legal relations of procedure.Part one introduces the theoretic basis of the police and procurator relationship. Criminal procedure construction, function of action and value of procedure have deep influence upon it. For example, with triangle construction of criminal procedure police and procurator have same goal and should be consolidated. Furthermore, the floor of procurator is higher than of police.Part two makes an introduction and analysis of police and procurator's relationship designed in other country. The article also disposes advantage and disadvantage of different relationship models by comparing 'the relationship of France, Germany, Italian, Japan, United Kingdom and United States.Part three points out present police and procurator relationship of our country and reformatory measures. Due to the flaws of this relationship, police and procurator should be properly coordinated and reasonably consolidated. In addition, the concept of integrating police and procurator is strongly opposed, which is different from concept of consolidating police and procurator's business. At the last, the author has conceived and put forward series of concrete measures for reforming the police and procurator relationship.