Critique And Reconstruction Of Police Seized Integration "investigation Mode

The police-prosecution relations in China differs from the separate model or integration model of the other countries. The relations should be described as "the people's courts, the people's procuratorates and the public security organs(the police) shall divide the responsibilities, coordinate their efforts and check each other in conducting criminal proceedings". The model regarded as suitable before are now gradually found something to improve such as low efficiency in collection of evidence, lack intensity to the police's investigation led by the procuratorates'lagging in criminal proceedings. So some scholars proposed that integration model be the objective of reform of the police-prosecution relations. This article shows the integration model of the police-prosecution relations in China has more shortcoming for its unique historical tradition, judicial system and Humanity environment.The article shows that the model of the police's investigation guided by the procuratorates (shorted as "guided model") from criminal practice, should be more suitable for China's police-prosecution relations in comparison with the integration model. From the analysis of the integration model of police-prosecution in civil law countries, and the status of police-prosecution relations in China, further discussion about the advantage and the shortcoming of the integration model in China is given.On this basis, more reseach on the rationality of the guided model in China by absorbing the advantage of the integration model helps to restructure the police-prosecution relations. This model will change two organs' division in different stages as compositions in "the assembly line" of criminal proceeding into that in responsibilities, removing the procedural obstacles.This model is benefit to integrating judicial resources and making breakthrough in major and difficult cases, as wel as ensuing evidence quality, correcting the police's mistakes in investigation and protecting human rights. Not every cases should be guided, but such cases as significant, complex, involved in many criminal suspects or mafia-like criminals should guided by the procuratorates.The guiding process can be three sections. The first stage from setting up file to...