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Optimizing The Police-Prosecution Relations

Posted on:2016-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:H JiangFull Text:PDF
GTID:2296330461962335Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The Criminal Procedural Law amended in 2012 formally established the exclusionary rule of illegally obtained evidence and the investigators testify system in legislation, and stressed the central position of trial. Decisions Made by the Central Committee of the CPC on Some Major Problems about Comprehensively Advancing the Rule of Law in China passed in the fourth plenary session of the 18 th Central Committee of the CPC also clearly put forward the idea of “ advancing the trial-oriented litigation system reform” which means that centralism judgment is being established in criminal action. The gradual establishment of centralism judgment makes the investigative centralism no longer be powerful, investigation should serve for and submit to prosecution needs, Prosecutorial power should restrict the investigation power effectively. However, in current relationship between the procurator and the police, there still exists many problem, such as investigation and public prosecution depart from each other, investigation’s insufficient power to prepare public prosecution, and the problem that investigation power exceed or is superior to prosecutorial power so much that can’t be restricted effectively, these are all burning questions. This paper starts from the basic connotation of the relationship between investigation and police, and describe the intrinsic state of the relationship between them after centralism judgment has been set up gradually, then point out that the existing problems in current relationship between procurator and the police are opposite to the intrinsic state. In order to adapt to the needs of centralism judgment, we should put forward some solutions to these problems to promote the public security organs and the prosecutorial organs to perform the accusation function effectively together.Except the introduction part, there are three parts of the text which totally include 25,000 words.The first part studies the basic connotation of the relationship between the procurator and the police. Through the brief analysis on criminal procedural structure, litigation, continental law system and the relationship mode of law countries like Britain and America, summarized the basic connotation of the relationship between the procurator and the police under the trial-oriented litigation mode. One is the integration of investigation and public prosecution. The homogeneity of the investigative institution and the prosecutorial organs when prosecute crimes decides the necessity of them to share the prosecution role. Investigation and public prosecution functions as pre-trail procedures prepared for the trial. The fundamental purpose of promoting the relationship between procurator and police operate well is to make the prosecutorial organ and the police prosecute crimes jointly, correctly and effectively. The second point is that investigation serves for public prosecution. According to the requirements of centralism judgment and the litigation law, public prosecution should be treated as the core in pretrial procedure, and emphasizes that investigation is a kind of subordinate function which serves for public prosecution. The third point is that prosecutorial power restricts the investigation power. As a kind of executive power, investigation power itself has the character of natural expansion, if we don’t restrict it reasonably, it must be misused, and thus citizens’ legitimate rights and interests will be damaged to some extent. Prosecutorial power restrict investigation power is the necessary meaning of the relationship between procurator and the police.The second part points out the existing problems in current relationship between procurator and the police. For example, the investigation did not serve for public prosecution; the prosecutorial organs did not have much effective program control and supervision to the investigation organs. All of these indicate that the existing of the investigation centralism, which is opposite to the centralism judgment. First of all, the insufficient preparation for public prosecution affects the function in prosecuting crimes. With the principle of responsibility based on division of work, the investigation is independent of the public prosecution, together with the ingrained conception of the investigation centralism, the investigators pay more attention to arresting suspects, while ignoring the requirement of the evidence that public prosecution needs. And it is rare that investigators attend the court to testify. The second, prosecutorial organs did not have much effective program control to the investigation organs resulting in pipeline of prosecuting crimes. In one respect, the range of program control of public prosecution is too narrow, the investigation organs have too much power in prosecuting crimes, and it is very easy to violate the human rights. The investigation organs have the power to decide to implement all the compulsory investigating measure except arrest. In another respect, prosecutorial organs did not have much effective program control to the investigation organs, such as arrest and prosecution. The third, the prosecutorial organs did not have much effective supervision to the investigation organs, and it is difficult to rectify the illegal evidence. Because of the defect of supervision, such as partiality, hysteresis and aweless, the target that prosecutorial organs make investigators to collect evidence becomes a phantom.As for the third part, it gives some optimal advice in consideration of the existing problems in current relationship between the procurator and the police. It is urgent to improve the relationship between the procurator and the police, and to abandon investigation centralism when the centralism judgment is being set up gradually. When it comes to optimize the relationship between them, it is essential to find solution to the existing problems, and it is necessary to take justice system and realistic request into account. Firstly, investigation is independent of public prosecution. Although strengthening cooperation between investigation organs and prosecutorial organs is the precondition of improving the relationship between the procurator and the police, it is inappropriate to adopt the integration model of the relationship without judicial review system and pretrial system. Secondly, investigators must change their perception in investigation and abandon investigation centralism, investigation shall be prepared for public prosecution. Thirdly, it is necessary to establish prosecutorial work guiding investigation by advancing, detailed documents and joint conference in order to collecting evidence legally. In the meantime, the hysteresis of supervision is to overcome. Fourthly, procuratorial power restricts the investigation power effectively. The effective ways are extending the program control range, strengthening the control action of arrest, and applying the illegal evidence elimination rule strictly.
Keywords/Search Tags:the relationship between the procurator and police, relationship between investigation and litigation, centralism judgment, supervision and restriction
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