Prosecutors And Police The Relationship Between Mode Of Study

The basic structure of the relation between the prosecution and the police, under the framework of the current criminal procedure law in our country, is sharing out the work and taking the related responsibility, cooperating with one another, yet restrain each other.Many disadvantages have been existing in such a relation that less cooperating between the prosecution and the police, slack supervising and low efficiency of criminal prosecution appear constantly. Thus, it has become a research problem either in the theoretical field of law or in judicial practice, in which we are to explore and set up a new mode of the relation between the prosecution and the police.Comparing all kinds of legislations and practice on how to place a case on file for investigation and prosecution and how to investigate in different countries. Two modes of the relation between the prosecution and the police can be roughly summarized. One is that the legal procedures about investigation and prosecution overlap or join together totally, namely an organic whole of the prosecution and the police. This mode is widely accepted in the countries where Chinese law system is popular. The other one is that the legal procedures about the investigation and the prosecution separate from each other or even become independent. This mode is generally accepted in the countries where British-American law system is popular. However, both have advantages and disadvantages. Proved in practice, neither of them is fine. So compromise on the mode of the relation between the prosecution and the police is adopted in more and more countries.Facing the defect existing in the current relation between the prosecution and the police in our country, two thoughts of reform come into the field of criminal prosecution. One is for an organic whole of the prosecution and the police, using Chinese laws for reference while the other is against the mode above but for relative rationalism after being reformed.I appose the first point of view but agree with the second one on the whole. It's not suitable to set up an organic whole of the prosecution and the police in our country, according to our state system, traditional law culture and the current situation of the prosecution department and the investigation department. It's an urgent matter that something should be done to strengthen the cooperation of the prosecution and the police while working individually. So it is the same with the directing and supervising of the procurators for the criminal investigation.Having researched the modes of the relation between the prosecution and the police in main countries containing two major law systems in the world, ecutio comparing with national state and law systems, especially the supervising functions of the prosn. I think the relation mode which is practical and fits our political and judicial systems should be established as a mechanism which the prosecution guide the investigation. That is to say it's really a working system within the current law frame, whose purpose is to strengthen the guide and supervision for investigation. And it works , taking the prosecuting department and the supervising department for investigation as leading role, sharing out the work and taking the responsibility, cooperation with one another as a base. Also it is a system whose aim is to strengthen the guide and supervision for investigation. As a result, the investigation quality could be ensured, and the efficiency of criminal prosecution could be raised.As a working mechanism that the prosecution guide the investigation. We must consider all its factors when we design it, such as its principles, contents, procedures, range, and operating methods. So we cannot only make it work efficiently but also make it not break through the current laws.The principles, which the prosecution should follow when guiding the investigation, are sharing out the work and take the related responsibility, cooperating with one another, directing lawfully, supervising with strength.The range and contents of the mechanism are , chiefly according to the situations, standards and demands of the case at court, to collect, fix, consummate evidence and opinions or advice on the case from the people concerned with the investigation and to express our own lawful and instructive opinions. At the same time,we should supervise the investigation.Getting involved actively and simply guiding are methods of the mechanism. When to get involved and guide is usually after a case is placed on file for investigation and prosecution.There are two ways to achieve the goal that the prosecution guide investigation,namely macroscopic one and microcomic one. The macroscopic way is to create evidence standards, set up a joint meeting system and so on. The microscomis way is to get envolved in time, guiding the investigation, invite the investigation personnel to the court while trying and so one.