Study Of Criminal Proceedings, Prosecutors And Police Relations

The relationship between the prosecuting body and the public security organ in criminal proceedings refers to the relationship between the two when they play their respective roles and exercise their respective powers in criminal proceedings,especially in criminal investigation.A better relationship between them will help prevent the abuses of investigation power,protect human rights,properly exercise the right to prosecute,and ensure the fulfillment of criminal investigation.Therefore, to further explore their relationship is of far-reaching significance to the theoretic and practical development of criminal proceedings in China.The relationship between the two,generally speaking,conforms to the actual condition of China.However,with the economic,political and cultural development and reform in criminal law systems,their relationship cannot meet the needs and there do exist some problems in practice.Based on an analysis of the current situation,this paper discusses the existing problems in their relationship.And on the basis of comparing such relationship in countries of the two major law systems around the world,this paper argues that according to the judicial practice in China,a new relationship with Chinese characteristics that "criminal investigation to be guided by the prosecuting body" should be built.Such would serve the needs of our reform and help realize the democratization and legalization of criminal proceedings.