Attorney To Guide The Investigation Mechanism

Prosecution-guided investigation is an ideal mode that well embodies the new relationship between the prosecution and police, and plays an important role in the reform of prosecution system. Though investigating major cases, prosecutors make proposals and perform legal supervisions in terms of the collection, extract and regularization of the evidence. In recent years, theorists and realists in this field have shown great enthusiasm and carried on daring innovation, with aims to make full use of limited judicatory resources and meet the accusation need of prosecution organ, affectively supervise the investigation right performed by police organ and ensure suspects' and other lawsuit participants' legal right and interest as well. Prosecution-guided investigation meets our current law regulations, meets the new way of interrogation in court and conforms to the reform of criminal investigation system. In order to perfect prosecution system, prosecutors should stick to moderate rule, namely, "guiding instead of commanding, involving instead of interfering and discussing instead of concluding", preventing form exceeding police's functions. With regard to the extent of guidance, investigation organ should be suited to law and investigating process should be well supervised. Concerning the ways of guidance, not only case should be attached importance to, but the idea and procedure of enforcing law should be paid close attention to. At present, in the light of malpractice of arrest-lawsuit separation system, arrest-lawsuit guided investigation system should be established as soon as possible, so as to guide to the whole course of investigation, abide by the objective law of lawsuit and set a basis of improving the quality of public prosecution cases an protecting human rights.