A Research To The Detection Mechanism Oriented By Persecution

Promotion of cases of quality, effective against crime, to guarantee human rights and promotes judicial justice is the common goals. But in recent years, has frequently has of the appeal is not listening and criminal cases of low quality and in cases of violations of human rights issues. How to effectively improve the judicial practice of public prosecution department and the investigation division between the match, and fundamentally enhance the quality of the investigation and action, the quality of current concern. "Prosecute direct detection" as an important reform measures, the public has arisen.This article mainly through contact with practical and theoretical research paper, focusing on how to carry out prosecutions lead to investigate more in-depth analysis and study. the article is in addition to quote parts, there are three chapters.The first chapter guide to prosecute the investigation of the basic theory. prosecute the investigation was conducted in procuratorial organs of the public prosecution department, the prosecutions that request, through the timely intervention in the, examination and investigation department is found, the collection and fixed, preservation, the evidence for your suggestions and recommendations to the investigating activities of the legal supervision over criminal activities.Their major functions include three aspects: first, evidence leads, guiding the investigation organ to prosecute and sentence of that standard, on-time and comprehensive, a collection of evidence ;secondly, the law applicable guidance, the law applicable in the dispute and sentence to ignore the evidence of the case, and lead the investigation organ stick to the law and legal action to collect evidence ;third , the investigating activities for legal supervision and guidance in the process of investigating activities of the investigation organ for supervision. The legitimacy of the implementation of the public direct detection, investigation and prosecutions division will form on the efforts to improve efficiency in handling and upgrade the quality of handling cases will also help to better exercise procuratorial organs of the law, justice and voted for an important actual significance and theory. In the current legal framework, the indictment to the implementation of the investigation is also lawful and feasible, the constitution and the requirements of criminal procedure law, to prosecute an investigation to establish a mechanism provided the basic system protected.The second chapter to prosecute the investigation led to a specific mechanism. "prosecute led the investigation of the procuratorial organs of the prosecutions division, led the investigation of the emphasis should be collected as evidence in such cases, four in the dark and evil nature of organized crime and serious danger to society and security of violent crime, the key economic cases and a period regular case. Prosecute led the investigation, the intervening time should be principally in cases after the investigation of this period of some grave and difficult and complicated cases will be the investigation organ shall be in time to time or early first investigation, postponed to the case for trial. an investigation of the public can be roughly divided into such cases to guide and lead and guide the system. Cases led to the prosecutor based on a concrete and specific case by the timely intervention of the investigation activities, in serious case of discussion, timely and investigators exchange opinions and suggestions put forward to investigate and obtain and fixed, the relevant evidence of its activities, including public officials attended the scene of crime cases, public acceptance of the review mechanism for such cases including ; guide the sound of the conference system, the investigators to testify in court or the trial judge for;System led mainly by the public prosecutors in the formulation of the prosecutions case with the evidence collection of the claim and evidence collected in the investigation organ of the review should be reached on the basic requirements.The third chapter guide to prosecute the investigation of reflection and perfect. practice, prosecutions lead to investigate the implementation of the good effect, but we still face many problems are public officers, firstly, the situation is difficult to give full swing to the needs of the investigation work, and prosecute the members of the general lack of systematic detection training and knowledge leads to the public to effectively carry out investigation of ;Secondly, approved the arrest and prosecute the standard of the differences and to supervise the investigation and prosecutions division of functions, which led to differences in the detection of the situation ; sonozo, because the case, the legal instruments in the guide to life imprisonment or investigation of cases in institutional barriers ;Fourth, legal or judicial interpretation in the guide to prosecute the investigation mechanism is no specific provisions. in response to these problems, we need to investigate and prosecute the division of labor between and co-ordination should be given full play to their professional ; also established the advantages of the guide to prosecute the investigation of the basic principles that guide and in accordance with the investigation and monitoring their part, modest, key guiding principle. At the same time, we need to establish listening, and aspirations of the working mechanisms of the winding, including the establishment of a more open on the case, the department of public information communication mechanism, according to categories of crime in the appropriate person, group, and prosecutions division personnel handling and investigating supervising departments of the investigators shall establish a permanent job in touch, etc.