On The Reconstruction Of The Prosecutors And Police Relations

In recent years, the judicial innovation is getting more and more attended by people along with the advance of the development of legal system construction in our country. The relationship of the procurator and the police is being focused and discussed widely in the academic world. The relationship of the procurator and the police means the connection that is engendered between the prosecutorial organ and the police organ based on each exertion of station and authority during the course of criminal proceedings, especially in the course of detecting. This relationship is one of the important contents among the theory of criminal conformation. Construction the connection between the procurator and the police scientifically and constituting the effective controlling mechanism does not only make for texturing the detection footing suitably, but also prevents the organ of investigation from abusing and assures the suspects not be encroached illegally. Ever since long time, under the direction of principle of "answering for dividing the work, cooperating each other and restricting each other", the prescription of distribution and circulating fashion about the detection authority between the procurator and the police is quite faulty in our law. The phenomena of the inefficient lawsuits and the impinging human rights often occur. Based on reasons upwards, the animadversion and reconstruction on the current relationship between the procurator and police in our country become the focal point which is attended by the academia.Based on reviewing the overseas mode of the relationship said above, and combined with analyzing the actuality and limitation of the present connection of the procurator and police in China, this essay reckons that the theory of unification of the procurator and police is the ideal pattern to rebuild their relationship. This mode of relationship between the procurator and police is established in the specialty essence of inquisitor and policeman. It is with a view to the task of criminal detection, adjusting the relationship between the procurator and the police, making the public secunty organ collaborate better with the prosecutorial organ, and aim to serve the prosecution together. It has inherent rationality and extenor feasibility. Firstly, it can make the procurator and the police prepare for...