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The Relationship Between Police And Procuratorate In China And Its Perfection

Posted on:2013-09-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z HeFull Text:PDF
GTID:2246330395970205Subject:Law
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After30years of reform and opening-up, our country has gained the success that attract worldwide attention. With economy growing quickly, some deeper structural institutional problems are gradually exposed, which cause our country enter a period of multiple conflicts. Facing the severe situation of social security,it become a pressing matter of the moment, to strengthen coordination between police and procuratorate, forming a police prosecution together, in order to ensure criminal crimes. The relationship between police and procuratorate is not a new topic, which has been discussed by many domestic and foreign scholars, but in recent years it become a hot issue. How to divide the work and cooperate between public security organs with procuratorial organs, and how to constructure their relationship, would directly affect the criminal judicial justice and efficiency. Correctly treating the relationship between police and procuratorate has very important sense, to effective control of the crime, to prevent the abuse of power of investigation and safeguard human rights.According to Chinese "Constitution" and " Criminal Procedure Law", the basic relationship between police and procuratorate is, on the basis of division of labour between police (public security organs) and prosecutors, they supervise and cooperate with each other. The public security organs is responsible for the vast majority of criminal investigation, the procuratorial organ is responsible for public prosecution, and the self-detecting cases to exercise the power of investigation. It bases on a division of responsibility, cooperation and supervising with each other, which has distinct Chinese characteristics of the relationship between police and procuratorate mode. Overall, this model is adapted to the reality of our country and the needs of the statutory construction. But with the development of the economic, political and cultural fields, along with the statutory construction continuing to push forward and the further reformation of the criminal justice system," cooperation to restrict "the guiding principle of the relationship between police and procuratorate appears problems gradually in judicial practice. Aiming at these problems, academic group also has multiple ideas. Most scholars advocate the integration of police and procurator procuratorial organs, emphasize on the command and supervision right of the public security organs in the business fields; and the other scholars believe that the integration of police and procurator procuratorial organs of the public security organ is not only a business on the command and supervision, but also to achieve organizational relations membership, namely criminal police under the procuratorial system; other scholars also argue according to the investigation of crime of smuggling bureau established ways to adjust the criminal police and procuratorial organs, go compromise, the criminal police change become the procuratorial organs and public security organs dual leadership model. Various claims have their advantages, but the relationship between police and procuratorate impeded this problem, still has not been effectively solved. China’s reform of the relationship between police and procuratorate what should decide on what path to follow? The author thinks, to seek the ways and methods of straighting out the relationship between police and procuratorate in China should be based on China’s national conditions and judicial practice and the framework of the existing political system and judicial system. And also it should be based on a practical point of view and the operational level. I laid special stress on analysing the reconstruction of the relationship between police and procuratorate.
Keywords/Search Tags:relationship between police and procurator, procuratorial supervision, investigation power, supplementary investigation
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