On The Relation Of Investigation And Prosecution

The relation of investigation and prosecution refers to the relation of power and duty in the process of criminal procedure between the police having the power of investigation and the public prosecution organs having the power of public prosecution.It is one of the core legal relations of the criminal procedure.It has the characteristics of subject-specific,specific content,object orientation,procedural inheritance and so on.The relationship between investigation and prosecution continues to evolve with the evolution of impeachment and inquisition litigation models,and it has evolved into three modes in modern society.The separation model in the Anglo-American legal system countries,the combined model of civil law countries,Russia and Japan's cross-type model,the three models have their own advantages and disadvantages and applicable conditions,which cannot be simply evaluated good or bad.Through the comparison and analysis of the three modes,we can see that the selection of the relationship of investigation and prosecution is closely related to the litigation system and the concept of litigation in various countries.However,regardless of the modes,the right of public prosecution always occupies the core position in the relationship of investigation and prosecution,and the power of investigation provides the service and foundation for the right of public prosecution.At the same time,the investigation and prosecution agencies must cooperate with each other to ensure the realization of litigation functions.The theoretical research on the relationship between investigation and prosecution can be analyzed from three aspects:the nature of power,the game between powers and rights,and the structure of criminal proceedings.The relationship between investigative and prosecution must be centered on trials to achieve litigation purposes and improve litigation benefits.The current situation of our country's prosecution relationship can be described by "division of labor responsibility,mutual cooperation and mutual restriction".The relationship between them has many problems and shortcomings,so it is necessary to reform the relationship between investigation and prosecution.The author believes that the crossover model of investigation and prosecution can be implemented in our country.The investigation and prosecution agencies cooperate with each other on the basis of division of labor and have complementary advantages.The procuratorial organs form a one-way constraint mechanism on the investigating authorities.On the macro level,the reform must be compatible with the criminal justice environment and coordinated with the protection of citizens' rights.At the micro level,the design of the investigation and prosecution relationship must start from four perspectives:concept,collaboration,constraints,and supporting measures.This article is divided into four parts.The first part gives a general overview of the relationship between investigation and prosecution.It discusses the connotation,nature,characteristics and historical origins of the investigation and prosecution relations.The second part introduces the various modes of the investigation and prosecution relations.The model includes the combination,separation,and cross-discipline detection model,and analyzes the implications of the extraterritorial investigation model for our country.The third part analyzes the theoretical basis of the investigation and prosecution relationship,which discusses from three aspects:the property of investigation right,the game of powers and rights and the construction of criminal procedure.The fourth part discusses and considers the status quo and problems of the investigation and prosecution relations in our country and proposes the reformation framework of investigation and prosecution relations.