The Research About The System Of Prosecution Guiding Investigation

The system of prosecution guiding investigation is a new working mechanism under the new situation. It can better help to exercise the power of public prosecution and to enhance case quality and efficiency. As a new development system, how to set up it becomes a important topic of theory and practice circle. In two particular provisions of evidence have been introduced as well as the new criminal procedure law is to pass through the background, the subject of the importance and urgency to further highlight.This thesis includes six chapters, the prosecution guiding investigation system is studied.The first chapter of indictment work guides investigation system this paper defines the connotation of. This chapter through the several main viewpoints undertook combing, the Prosecution Guiding Investigation refers to the procuratorial organ public prosecution department in order to better exercise the power of prosecution in cases of public prosecution, improve the quality and work efficiency, and to guide the public security organs to timely, accurate, comprehensive and objective were collected and fixed charged with crimes of evidence required for a working mechanism.The second chapter is on the world's two major police model is a model of police and prosecutors and police division mode undertook comparative study, pointed out that the two models are obviously different, each have advantages and disadvantages, but with the proceedings of the fusion, two models are also constantly convergence, and strengthen between prosecutors and police close cooperation is one of the typical embodiment.The third chapter is to our country in the trial by investigation center to center mode conversion in the relationship between the procurator and the police conducted a review, pointed out that in our country the procuratorate-police relationship model has exposed more and more problems, performance in the procuratorial supervision of investigation, can not meet the new court trial way reform, do not meet the need of modern criminal procedure development needs.The fourth chapter is the indictment work guides investigation system produces the inevitability and system foundation. From the improvement of criminal procedure system, adapted to the mode of trial procedure system reform, innovation and development, carry out the modern judicial ideas were discussed from the aspects of indictment work guides investigation system inevitability; from the constitutionality, the innovation mechanism, legal background and other aspects of the system foundation.The fifth chapter is how to construct a Public Prosecution Guiding Investigation system. Put forward to should the legal supervision, guidance according to laws, in charge of the division of labor, manage each its duty, strict procedures, justice and efficiency under the guidance of the principle of Prosecution Guiding Investigation, in the intervening time, applicable scope, standard of proof, forensics program, safeguard mechanism and so on reasonable setting.The sixth chapter is to perfect the Public Prosecution Guiding Investigation System in judicial practice of the anticipated significance. Cases of public prosecution include improving quality, improve the efficiency of litigation, protection of human rights, perfect the supervision mechanism etc.