Research On The Issue Of Investigation Of Homicide Cases Intervened By Procuratorial Organ In Advance

Homicide cases are defined as major cases seriously threatening immediate interests of the people and upsetting social stability.In recent years,many cases in which people were unjustly charged have been revealed.Most of these cases are related to homicide.Thus,society has put forward a higher requirement of handling quality of homicide cases.Procuratorate is known as a legal supervision organ responsible for both punishing criminals and safeguarding human rights.Thus,it is an unshirkable duty of procuratorate to improve handling quality of homicide case.Early intervention and detection has been a case handling mechanism which has been proved by procuratorate at all levels to be effective in handling criminal cases.To scientifically apply early intervention and detection to handling of homicide cases can help prevent occurrence of unjustly repudiated cases and get adapted to judicial reform.Early intervention in homicide cases allows procuratorate to comprehensively and scientifically supervise detection of homicide cases.The major task of procuratorate in this link is to guide public security organs to collect evidences and to provide suggestions about the detection direction.Meanwhile,procuratorate should also fulfil its duty of supervising justness of the whole detection process.This paper proceeds from the concept,theoretical basis,laws and standards,and implementation effects of early intervention in homicide detection to explain what early intervention in homicide cases is,why intervention in homicide detection is necessary,and what justifies existence of homicide detection.The necessity of the system is further substantiated,and its defects are pointed out and analyzed.According to these defects,suggestions for improvement are proposed.Early intervention of procuratorate in homicide cases can guarantee immediate detection,handling quality,and smooth criminal procedures of homicide cases.It is mainly carried out in the form of attending the homicide case onsite investigation,participating in questioning,and discussing the case itself.During the process of early intervention of procuratorate,suggestions are proposed for collection,extraction and fixation of homicide case evidences,confirmation of the detection direction,and applicable laws.Therefore,early intervention of procuratorate is a general term for a series of procuratorate activities conducted for the purpose of legal supervision of detection activities in accordance with laws.Its theoretical origin mainly includes restriction of powers and human right guarantee.In judicial practice,many problems might arise from homicide case detection.Early intervention of the procuratorate in homicide case detection has three functions.First,it can not only help and guide detection organs to efficiently detect homicide cases,guarantee smooth progress of criminal proceedings,ensure accurate punishment of criminals,and safeguard the purpose of litigation of human rights.Second,it can improve China's current relationship between the procuratorate and the police,and realize efficient restriction of the procuratorate power on the power of detection.Third,it can contribute to a full play of the supervision function of procuratorate in detecting homicide cases so that procuratorate monitoring can be effectively implemented without leaving any aspects unnoticed.There are some principles governing legal and judicial interpretation of early intervention of procuratorate in detecting homicide cases.In practice,early intervention of procuratorate in different places plays an important role in improving the homicide case handling quality,case handling efficiency,and monitoring effect.However,the system still has many unavoidable problems.First,early intervention in homicide case detection is incomplete and lacks operability.Second,the current procuratorate and police relationship in China emphasizes too much on cooperation,but weakens the mutual restriction.The procuratorate monitoring still lacks diversification,and the monitoring effects are calling for further strengthening.These problems have influenced implementation and development of the detection system in which the procuratorate intervenes in homicide cases in advance.Third,the launching system of early intervention of procuratorate in homicide cases still has a lot to be desired.The procuratorate is still limited in terms of its own abilities,ideological ideas and implementation measures.These limitations cannot effectively meet demands of early intervention in homicide case detection.Some of these problems are reflected in the layer of legal systems;some are shortcomings of the procuratorate itself.In order to further improve early intervention of procuratorate in homicide case detection,the procuratorate should be fully empowered in terms of legal systems.The cooperative relationship of detection organs and procuratorate should be clarified in detecting homicide cases.Relevant legal systems should be improved so that the procuratorate will have well-grounded legal basis for its intervention in detecting homicide cases.Besides,a new relationship between the procuratorate and the police should be created to get adapted to early intervention in homicide cases,highlight the monitoring role of the procuratorate in detection activities,guide detection organs to collect evidence according to the accusation and trial standards,and fully guarantee human rights.Moreover,the procuratorate should strengthen its professionalism,build a professional intervention team,improve its intervention abilities and accumulate relevant experience.Finally,the procuratorate should improve measures to realize early intervention in homicide case detection.Tasks of intervening in homicide case detection should be clarified.A homicide case information sharing system can be jointly built by the procuratorate and the detection organs so as to improve the launching system of early intervention in the homicide case detection.Of special note is that a scientific set of intervention procedures should be set up to standardize site protection,site intervention,evidence collection,case discussion,etc.Of course,intervention of the procuratorate in homicide case detection should be restricted.The procuratorate should guide detection rather than lead detection.The police organs should still play a dominant role in detection so as to guarantee neutrality of intervention of the procuratorate in the homicide case detection process.