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On Reflection And Reconstruction Of Relationship Between Procurator And Police

Posted on:2016-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:B WangFull Text:PDF
GTID:2296330467497679Subject:Law
Abstract/Summary:PDF Full Text Request
The relationship between the procurator and police refers to the mutual relationbetween the procuratorial organ and police bureau that occurs during the exercising ofpower in the criminal litigation investigation link in accordance with the legalprovisions. Whether the power disposition of relationship between the procurator andpolice is reasonable and conforms to the national conditions will directly influencethe impartiality of the whole criminal litigation. Hence, it is of great significance tostudy the effective way of the relationship between the procurator and police.The pattern of relationship between the procurator and police can be influencedby the historic culture, the change of national condition and the concept orientationand it has the blended characteristics; therefore, it conforms to the national conditions.However, along with the improvement of legalization degree, the relationshipbetween the procurator and police begins to show problems in practice and it can notadapt to the rapid development of judicial reform. In this thesis, fifteen unjust, falseand erroneous cases are used as the models to analyze the difficulties in relationshipbetween the procurator and police in practice and after making the comparison on therelationship between the procurator and police of the two law systems in the west, thebasic thinking of “integration of procurator and police” is put forward based on thenational conditions; the human rights protection should be insisted and the lawsuitefficiency should be improved and the relevant supporting mechanism should berefined in order to reflect on and restructure the relationship between the procuratorand police. In this way, the contradiction on the relationship between the procuratorand police can be handled flexibly so as to meet the requirements of the judicialsystem reform of China at the present stage.Besides the introduction and conclusion, the thesis can be divided into threeparts:The first part summarizes the basic theory and development situation ofrelationship between the procurator and police. Firstly, the basic meaning of relationship between the procurator and police is introduced briefly. The relationshipbetween the procurator and police discussed in this thesis refers to the relationbetween the procuratorial organ and police bureau during the investigation procedureof criminal litigation. Secondly, the advantages and disadvantages of the patterns ofrelationship between the procurator and police of the two law systems in the west areanalyzed from the comparative perspective and then the essence of relationshipbetween the procurator and police is expounded and the development tendencies ofthe patterns of the two law systems are summarized. Thirdly, the structural featuresand development of the relationship between the procurator and police in force areanalyzed. The structural features of the relationship between the procurator and policeare summarized in form and in essence in order to state the practical exploration ofthe development of relationship between the procurator and police and its advantagesand disadvantages. The comparison between the procurator and police’s relationshipin China and that of the two law systems in the west are formed.The second part analyzes the problems in the relationship between the procuratorand police in force. The advantages and disadvantages of relationship between theprocurator and police in practice are summarized and fifteen unjust, false anderroneous cases are used as the models to know its characteristics and causes from theaspects of crime name, penalty measurement and political rehabilitation time so as toexplain the difficulties in relationship between the procurator and police in practice.The four prominent problems are summarized as follows: the human rights protectioncan not be realized, the polarization of lawsuit efficiency is severe, the supervision oninvestigation link is deficient and the criminal policy application during the publicsecurity link is improper. Due to these difficulties, it is difficult for the relationshipbetween the procurator and police to accommodate to the continuous development ofcriminal litigation and the urgent need of judicial reform.The third part introduces the theoretical exploration for restructuring therelationship between the procurator and police. With the guideline of“comprehensively promoting ruling country by law and forming a system serving thesocialist rule of law with Chinese characteristics” put forward in the Fourth PlenarySession of the Eighteenth Central Committee and the value goal of reflecting human rights protection and lawsuit efficiency, the basic thinking of “integration ofprocurator and police” is put forward and the relationship between the procurator andpolice is restructured from building the professional guidance system, refiningworking mechanism between procurator and police, reinforcing supervision ofprocuratorial organ and establishing plea bargaining system. The specific operationmethods are improved through establishing the pre-trial investigation system and theconsultation system of procurator, conferring the punishment and suggestion right toprocurator and the criminal investigation power and the procedural right to theprocuratorial organ and building the case guidance system between the procurator andpolice and the uniform training mechanism.
Keywords/Search Tags:Relationship Between the Procurator and Police, Human Rights Protection, Lawsuit Efficiency
PDF Full Text Request
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