The Transformation Of The Relationship Between The Prosecutor And Police:Procuratorial Work Guiding Investigation

In the process of criminal procedure, the relationship between the prosecutor and police is very important. The scientific and reasonable relationship between them is helpful in the indictment and provisions. It is a pushing force in the criminal procedure which realizes the criminal punishment and protects human rights. The improvement of it can not only improve the efficiency of litigation, guarantee the smooth completion of criminal procedure, but also the necessary requirement for the socialist law. It is an important part of criminal procedure law. It can directly make a big difference in the "punishing crimes and protecting human rights". It is gradually formed a relationship between the prosecutor and the police which help each other and restrict each other in our country. The model can crack down some illegal crime and maintain the country's public security. But it also leaves behind the dominance of procuratorial institution. It also exposes some problems,such as the poor cooperation between investigation institution and procuratorial institution, the lack of restriction between them and supervision. After the fourth plenary session of the 18th, the Chinese government put forward "trial centered lawsuit system reform", which is very fuzzy for the relationship between the prosecutor and police. This article will explore the development and positioning between the prosecutor and police based on the system reform. I find different relationship between prosecutor and police has its own advantage and disadvantages, after referring to some literature books, it is very difficult to have a pattern which can completely solve the problems in the judicial area in our country. Basing on the combination of the work in the procuratorial institution and experience, I want to explore and analyze the relationship between the prosecutor and police, I will out forward and discuss a new relationship model between them under the background of the lawsuit system reform, hoping to solve the practical problems and put forward some valuable exploration.