Research On The Difficulty Of Investigating And Obtaining Evidence In The Public Prosecution Department Of The Procuratorial Organ

The prosecution department plays a vital role in the structure of the criminal procedure,which is of great significance in the fight against crime and the protection of human rights.After the public security organ or the procuratorial organ’s investigation department has been transferred to the prosecution,the public prosecution department needs to examine the evidence of the transfer to determine whether the case meets the conditions for prosecution.In practice,the investigation department investigation and evidence collection behavior is often not standardized,the content of the evidence is not comprehensive enough,it is necessary to further improve the investigation and evidence collection.Because the public prosecution department is not a special investigation department,there are many obstacles to the exercise of procuratorial power.At the same time,the imperfection of the law and the uncooperative attitude of the external institutions also restrict the operation efficiency of the prosecution department,and also affect the quality of the prosecution.In this paper,the public prosecution department investigation difficult issues of research,take "put forward the problem,analyze and solve problems" ideas,based on discussing the current situation of the public prosecution department of investigation and analysis in practice lead to public prosecution department investigation difficult problem,and puts forward some countermeasures to solve this problem.It is hoped that through the research of this paper,it can provide ideas for the reform of the operating mechanism of the public prosecution right in the judicial reform,and solve the problem of the investigation and evidence collection in the judicial practice.In addition to the introduction and conclusion,this paper is divided into three parts.The first part focuses on the empirical research to investigate the operation status of the investigation and evidence collection right of the public prosecution department,and sums up the concrete manifestation of the evidence collection of the public prosecution department.The second part is the analysis of the causes of the difficulty of investigation and evidence collection.The author from the two aspects of internal and external factors,analyzes the procuratorial organs internal coordination,lack of public prosecution department forensic examination,procuratorial organs in handling cases of unreasonable distribution,public prosecution department assessment standard problems of the procuratorial organs internal reasons;regulations and laws and regulations is vague and contradictory,the public securityorgans in the transfer of files after unwilling to cooperate Telecom,institutions,financial institutions and other departments to provide evidence of poor attitude,low efficiency,get expert advice,expert opinion of time-consuming and inaccurate external causes.The third part is also the core of this paper,which is to solve the problem of investigating and obtaining evidence in the public prosecution department,and to ensure the smooth operation of the right of investigation and evidence collection.In this regard,the author clear from the public prosecution department investigation power and protect the public prosecution department budget,reform of public prosecution department of forensic appraisal mechanism,the establishment of the investigation department to assist the obligation to regulate the telecommunications sector,financial institutions the obligation of cooperation and the strengthening of the activities of experts norms and guiding five aspects put forward the feasible countermeasure to crack the public prosecution department investigation difficult.