The Procuratorial Organs To Guide Detection System Research

Procuratorate-guiding-investigation right, a new pre-proceeding of criminal adjudication, set up for the need of criminal lawsuit structure with judgment at the center, roots from the public prosecution right of procuratorate. It is required that procurators make some program to organize and coordinate the collection of evidences in the investigation process from the angle of effectiveness to ensue the preciseness of the cases. This objective requirement lays one theoretical basis for the system. The second basis is the active control of public prosecution right over investigation right, which requires the public prosecution right restrain the right of investigation and make it lawful, thus to ensue the human right of the accused. Procuratorate, the sole implementer of the right of criminal public prosecution, must implement its right through some certain criminal lawsuit structure. With the procurator-guiding-investigation right, we should make the pre~adjudication process a whole procedure with the prosecution a primary and the investigation a subordinacy, and establish a lawsuit structure with the judicial judgment as the center, thus to ensue a proper position of procuratorate in criminal prosecution and a success of procuratorate in criminal public prosecution by timely and full collection of evidence through lawful investigation.The right is a necessity and a way as well for procuratorate to implement its public prosecution right and it is feasible. By imploring criminal investigation systems of different countries, the author believes the right should contains the following rights: the right to control police, the right of starting up the criminal prosecution, the right of complete investigation, the right of leading investigation, eminent domain, the right of complete supervision over investigation and the punishing power of procurators, etc.Based on the above analyses and his own working experience, the author discusses the principle of consummating the system, tries to make it clear the subject, scope and method of the procuratorate-leading-investigation system, putsforward his ideas and suggestion on the development of procuratorate work.