The Relations Between The Investigation, Supervision And Prosecution In The Duty Crime Litigation

According to the current criminal procedure law, the relation between police andprocuratorial organs is "separation of function, coordination and mutual check ". The relationbetween investigation and prosecution set conforming to the modern judicial powerdemanded by independent and interdependent idea in ancient China, compared with the oneof the litigation mode, the relation between investigation and prosecution play a certainpositive role. However, under the high rate of crime, the relation between investigation andprosecution increasingly unable to meet the needs of reform of criminal procedure."prosecution guides investigation system" is the system of the relation between investigationand prosecution reform significant move, in practice and achieved great success. But the"prosecution guides investigation" system is directed to the police and prosecution organs, forcrimes that involves only the procuratorial organs of internal relation between investigationand prosecution no special discussion. This paper based on the duty crime litigation procedure,constructing the specific content and way of Supervision And Prosecution GuidingInvestigation System.The full text is divided into four parts. The first part mainly discusses the bias issues ofthe relationship between investigation and prosecution in the duty crime litigation. The authorfrom make up the relationship between investigation and prosecution defect angle proposesSupervision And Prosecution Guiding Investigation System, namely, the procuratorial organs’supervision department as well as public prosecution department of the investigationdepartment and determine the direction of the investigation, collecting evidence, arrestingcriminal suspects and investigation activities put forward opinions and suggestions, and tosupervise the legality of investigation activities. This system is the reform of the relationshipbetween investigation and prosecution in duty crime in off the new exploration, in the systemdesign from the" prosecution guides investigation" reasonable connotation, is of considerablenecessity and feasibility.The second part explores the theory of supervision of investigation and prosecutionguiding investigation system. The relationship between the procurator and the police set theabsorption of two patterns of reasonable connotation, in the division responsible for stressbased on guiding investigation system with supervision, in order to more effectively promotepolice cooperation and strengthen supervision between the two. Duty crime investigation procedure by the former United in the general criminal case to later set up a special dutycrime investigation agency, by a previous investigation, supervision, prosecution in one tolater by three departments exercise independently, until the present "prosecution guidesinvestigation" system, this process is to reform and improve the relation between investigationand prosecution in the duty crime litigation. Supervision of investigation and prosecutionguiding investigation system is the "prosecution guides investigation" clear and detailed in thecrime litigation, to make it more applicable to the duty crime litigation procedure.The third part explains how to build Supervision And Prosecution Guiding InvestigationSystem. Clear the main body of the guiding system is the supervision and prosecutiondepartment: the scope of guiding is series of special cases; guiding investigation content issuggesting collect evidence, supervising investigation activities. Guided investigation specificsystems include decision-making system, communication system, writing guide system,tracking feedback system. Finally put forward relevant security restriction system, such as bymaking investigation department in losing a lawsuit, guiding staff to participate in theinvestigation of staff assessment so as to guarantee guide activities, the investigatorypersonnel may also through reconsideration to restrict the guiding behaviors.The fourth part is to perfect the system of a few proposal. First sort out in theSupervision And Prosecution Guiding Investigation System, investigation, prosecution andsupervision functions remain independent of each other, no leadership and the subordinaterelationship. Then points out that we should improve the present procuratorial organs withinmultiple departments are entitled to duty crime cases investigation over the situation, toestablish a unified duty crime investigation department. At the same time in guidinginvestigation cases by the supervision of investigation and prosecution departments to set up agroup to guide the supervision and prosecution, unite to guide the process, which can not onlysave the judicial resources, and make the work more coordinated smoothly guide. Finallystressed the investigation department, supervision department, prosecution department shouldstrengthen cooperation, scout and guide staff to communicate, learn from each other toimprove, improve the quality of case.