Study On The Relationship Between Prosecutors And Police In China

Along with the unceasing advancement of nomocracy in our country,judicial innovation is carrying on like a raging fire;the criminal prosecution domain is not exceptional.And,restructuring of the relationship of prosecutorial organization and police bureau is getting more and more attended.the relationship of prosecutorial organization and police bureau means the connection that is engendered between the prosecutorial organization and the police bureau based on each exertion of station and authority during the course of criminal proceedings,especially in the course of detecting.A construction of logical and rational relationship of prosecutorial organization and police bureau helps a lot not only in straightening the relations between Prosecutorial organization and police bureau,but also in preventing the abusiveness of detection power and protecting the rights and interests of citizen.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 procurator and police is quite faulty in our law.The phenomena of the inefficient lawsuits and the impinging human rights occur now and then.Based on reasons upwards,the animadversion and reconstruction on the current relationship of prosecutorial organization and police bureau become the focal point which is attended by academia.The main text of this essay involves more than 30,000 words and is divided into four chapters mentioned below.The first chapter expatiates the intension and element of the relationship of prosecutorial organization and police bureau.The relationship of prosecutorial organization and police bureau has two meanings.In narrow sense,the relationship of prosecutorial organization and police bureau means the jural relations between prosecutorial organization and police bureau in criminal procedure.In broad sense, it means the relations between prosecutorial organization and police bureau in every direction.The relationship mainly discussed in this essay is the relationship in narrow sense. In second chapter,based on that relations of prosecutorial organization and police bureau of overseas countries are compared,three modes are concluded.The reasons that the three modes exist is analyzed.It is discussed to the advantages and disadvantages of the three modes about implementation of their investigational procedure function and the new trends of relation of procurator and police.We can draw lessons from regulations of these overseas countries.In third chapter it is discussed and analyzed that prosecutorial organization and police bureau configuring criminal detection authority in China.The principles and specific regulation of legislation are introduced.The advantages and disadvantages of legislation,and some problems of judicial practice are specially analyzed.In fourth chapter three principles of the reformation of the relationship of prosecutorial organization and police bureau in China are put forward,they are: principle of prosecutorial organization monitoring,principle of emphasizing particularly on protecting human rights and principle of economization.Firstly,a great deal of problems in the practice of detecting procedure due to the lack of efficiency monitoring in detecting procedure,so the reformation should aim at this sticking point.Secondly,it is more serious than inefficiently detecting and prosecuting that rights and interests of suspect are impinged,so we should pay more attention to the protecting of human rights.At last,owing to the large population and lack of resources,economization in criminal procedure must be taken into consideration.Three blue prints in whole are discussed in this essay,they are:unification of prosecutor and the police,extension of monitoring and the mode of prosecutorial organization guiding police.The unification of prosecutor and police seems good but disaccord with the Constitution of China.Extension of monitoring points out the fatal objection——the restricting of procurator to police does not work well. However,it pays no more attention to the question of optimizing cooperation between prosecutor and police.The mode of prosecutorial organization guiding police plays an important role in both crime-controlling and protecting of human rights.The system should not be only a slogan.Several safeguard are put forward in following text:1.establishment of the mode of prosecutorial organization guiding police in legislation of criminal procedural law,2.Radicating superintendence of prosecutorial organization to police;3.timing interposition of prosecutorial organization;4.Regular joint conference;5.Setting reference standard of proof, 6.Reinforce intercommunion between prosecutorial organization and police; 7.Establishing zone of responsibility.