On Procuratorial Work Guiding Investigation

As an important procuratorial work, procuratorial work guiding investigation generates and develops according to the theory and practice of prosecuting supervision. It is a critical method for procuratorial organs to perform legal supervision. On the one hand, it serves as an effective supplement to correcting violations and other rigid litigation supervision, as well as a powerful tool for overall control of social order. In2001, the Henan Zhoukou Municipal People’s Procuratorate and the Public Security Bureau began the exploration of "investigation of evidence guided by procuratorial work", which is also called "Zhoukou Pattern", attracted wide attentions from the theoretical circle and the practical circle. In recent years, procuratorial work guiding investigation has been widely used in practice and added with new modes, which has achieved good legal results and social results. On the one hand, it reinvents the means of the litigation supervision, widens the supervision channel, strengthens the supervision result and reinforces the function of procuratorial legal supervision. On the other hand, it works very well in fighting crimes and building safe service. However, the persistent insufficient legal basis, ambiguous location, irregular operation, unguaranteed effect and other problems in it become noticeable increasingly.The current laws give no specific provisions about the scope of application, method and effect of procuratorial work guiding investigation. Still, there are few systematic studies on the properties, types, categories, procedures and theories. Is procuratorial work guiding investigation a public power? How is the situation in practical operation? What is the legal basis? These in-depth issues that restrict the launch of procuratorial work guiding investigation are always having no perfect solution. The author believes that it is necessary to make close and deep profound studies on the connotation, scope, conditions and procedures of procuratorial work guiding investigation so as to solve the two problems of legal basis and operation specification in procuratorial work guiding investigation, thus promoting the scientific and sustainable development of procuratorial work guiding investigation. Therefore, starting from the study of the basic theoretical problem, this paper demonstrates the connotation, scope, conditions and procedures of procuratorial work guiding investigation, analyzes the issue of legislative deficiencies and mechanism based on the wide research of its background and practical operation, focuses on the legislative necessity and feasibility of procuratorial work guiding investigation, puts forwards the path design of legislation. Then it figures out the procedural and operational issues involved in procuratorial work guiding investigation in line with the principles and rules of procuratorial work, thus to lay scientific and standard basis and provide valuable reference for the legislation and practical application of procuratorial work guiding investigation.