Prosecutorial Control Over The Investigation

The system of criminal investigation and prosecution concerns whether the function and target of the criminal actions can be achieved equitably and effectively,and whether it can combine reducing crime and assurance of human rights organically.And so the relation between the procurator and the police is an important research project of the Procedure Law.As the change of the politics,the economy and the situation of culture of our country,and the reforming of the criminal institution of law,the disadvantages of the relation between procurator and the police emerges gradually.In all,we must make a great change at the relation between the procurator and the police.After making an investigation of the systems and practice of criminal investigation and prosecution concerns abroad,and comparing and analyzing it transversally,this essay drew altogether four conclusions.First,procuratorial powers is the key to the relation between the procurator and police.So if we want to alter the relation between the procurator and police of one country,we must consider the characteristics of the procuratorial powers of this country.Second,whether in countries using the continental law or the Anglo-American law,the procuratorial powers and the investigation each has a control over each other.Third,there is integration in the relation between the procurator and police among different systems of the law.The authority of the inspectors is tending to supervise and the control over the organs of investigation. Forth,in practice,the police are the true domination of investigation,and policemen or the police dominate a majority of the enforceable powers of disposal(except the act of detaining).In civil law jurisdictions,they unite the procurator and police, tight the relationship of them.But it lacks of supervision and restriction between them and there are disadvantages in theory and in practice it has a separation with the reality.In one word we have to expand the rights of the police.While in Anglo-American law jurisdictions,the loose in the relationship between the procurator and police brings in the weakness of the supervision and control over the organs of investigation of the procuratorial powers,yet the police need the supervision and direction of the inspectors in practice;The relationship between the procurator and police is based on the supervision over each other in Eastern European countries,such as Russia,it takes in the direction of the inspectors over the organs of investigation in continental law countries,but there is a contradiction between direction and supervision,meanwhile,the powers of supervision is not tight.After having a combination of the several modes mentioned above,we find each of them has deficiency and problems.And the writer thought a fine mode of the relationship between the procurator and police run as follows:the relationship between the procuratorial powers and the organs of investigation can't be too loose or too tight,we must find aperfect bonding point between them.The procuratorial powers must have a control over the organs of investigation,but can't restrict the freedom of it;the organs of investigation can operate high actively and also it can't expand unrestrictedly.The relationship between the procurator and police in our country intermediates between the two great systems of law,that is,it belongs to neither of two modes.In our country,the police wield the rights of the organs of investigation specially and the procuratorial powers wield the supervision rights alone.The organs of investigation can operate high actively under the supervision of the procuratorial powers,and the police must coordinate with the inspectors because the rights of the public prosecution are with the procuratorial powers. Although there are several problems influencing the development of litigation in our country's relationship between the procurator and police,but comparing it transversally,there is unsurpassable scientific and rationalizations of the characteristics of procurator powers and the organization of the system of the organs of investigation in our country over those in countries using other law modes,and it provides a fine foundation on the establishment of a good relationship between the procutorate and the police.Therefore,we must alter the relationship between the procurator and police localization ally under the framework of our Constitution according to the reality and sources of our own country.There are civil law jurisdictions in the mode of "unity of the procurator and police",and it doesn't agree with the Constitution and the judicial system of our country.And in the "the procuratorial powers guiding or directing the investigation" mode,the function of direction contradicts with the function of supervision.So,as to the modification of the relationship between the procurator and police of our country,the mode of controlling the powers is the only choice basing on the nature that the organs of procurator is the supervision of the organs of investigation.In our country,the Constitution and the Criminal Law set the principles that the powers of procurator supervise the powers of investigation.This includes that the powers of procurator has a control over the powers of investigation,but the powers is not strong enough and it has evident limitations and hysteretic nature.So,the way of procuratorial organs' supervision on investigation should through every link of the investigation work.And we call the altered mode as the supervision mode:"the powers of the procurator control the powers of the police at the procedure",in other words "the procuratorial powers control investigating powers".This essay aims to reconstruct the relationship between the procurator and police from eight aspects,such as to found controlling over the registering and dismissal cases,to reinforce controlling over the procedure of the organs of investigation and to strengthen the procuratorial powers controlling and supervision over the enforcement measures and the compel lent detective measures,and so on.