Prosecutors And Police Relations Reform Study

In pretrial procedure, relationship between the state procurator and the police is a vital subject. To some extent, specific procedure and system plans in pretrial procedure are designed based on this issue. In China, constitution and criminal procedure law construct the basic structure of the state procurator and the police relationship according to the principle of "separation of function, coordination and mutual check of judicial organization". This pattern in practices brings many problems needing to solve urgently, such as, low investigation quality, fragile human rights safeguard, inability of law supervision and so on. The essential settlement of these problems starts on the regulation of relationship between the state procurator and the police.The article extends on the reform, consisting of six parts. Part one analyses the present conditions and features of our existing relationship between the state procurator and the police along with its abuses in legislation and judicature. Part two summarizes some useful inspiration from the practices in other countries of two legal families from the perspective of comparative law. Part three explains its theoretic basis from three aspects: the intention, value, construction of criminal procedure. Part four and part five separately analyses the possible obstacles and favorable impetus in legal system in the reform connecting the state in China. Finally, the author introduces and analyzes those suggestions put forward by domestic scholars. Beginning from establishing neutral status and objective and partial position of the prosecutorial authority, this text suggests further heighten the supervision status and the control over investigating procedure of the prosecutorial authority, and improve the level of ruling by law in investigation, in order to give some beneficial advice to perfect the relationship between the state procurator and the police of our country.