An Empirical Study On The Supervision Mechanism Of Criminal Investigation Activities About Prosecutor's Office At The Police Station

The supervision mechanism of the criminal investigation activities of the prosecutorial office of the police station refers to the way that the procuratorial organs implement regular supervision over the criminal investigation activities of the police station through the establishment of a public prosecution office at the police station.It is an important way for the Supreme People's Procuratorate to strengthen supervision over the criminal investigation activities of police stations.The poor performance in practice also makes it one of the most concerned ways.This article will objectively evaluate the positive and negative effects of the operation of the mechanism on the basis of empirical investigation.At the same time,it will focus on clarifying the reasons for the unsmooth operation of the mechanism,and will continue to strengthen the supervision over the criminal investigation activities of the police station to provide suggestions that are both theoretically reasonable and practical.In addition to the introduction and conclusion,the article is divided into five parts,about31,000 words.The first part is a systematic exposition of the background of the construction of the supervision mechanism for criminal investigation activities in the prosecutorial office of the police station.In theory,the supervision mechanism of the criminal investigation activities of the prosecution office of the police station in the police station is the value appeal of power balance,the objective requirement of lawsuit laws,and the internal demand of litigation efficiency.In terms of the system,the procuratorial organs as legal supervision agencies are the requirements of the constitution.At the same time,the requirements of other laws,regulations,and judicial reforms in turn concretize the power.In practice,the“judicially-centered” reform of the judicial system is gradually advancing,and prosecution agencies need to continuously strengthen the supervision of investigative agencies in order to reduce the risk of accusation failure;the focus of investigation gradually moves downward,and the power of criminal investigation in the police station gradually expands.Meanwhile,it lacks effective supervision.The procuratorial organs should follow up in a timely manner and actively promote the delegation of the inspection force in order to strengthen the supervision of the police station's investigation activities.In addition,the innovative practice of theprocuratorial organs at all levels has also promoted the full implementation of this reform.The second part is a systematic investigation of the operation of the supervision mechanism of the criminal investigation activities in the police station in the B city of A Province.In terms of institution setting,the grass-roots procuratorates in the city basically choose to set up appointing procuratorates in some important or representative police stations.In the supervision mode,there are "one-to-one" supervision and "one-to-many" supervision.In terms of supervision scope,the grass-roots procuratorates also basically carried out supervision over criminal investigation activities in accordance with the requirements of the Supreme People's Procuratorate.However,some public security police station prosecutors also expanded the scope of supervision to cases involving public security penalties.In terms of supervision methods,the prosecution offices of local police stations are also basically conducting supervision through information sharing mechanisms,such as regular or irregular inspection systems,timely intervention investigation mechanisms,and contact conference systems.In terms of supervision methods,the verbal corrections,the “correction of illegal notices” and procuratorial opinions as well as the review of arrest methods were applied.The Public Security Office of the police station also used joint investigations in exchange for investigations to correct mistakes.The third part objectively evaluates the effectiveness of the supervision mechanism of the criminal investigation activities in the police station in the B city of A Province..While acknowledging their achievements,they also objectively pointed out the problems existing in the operation of the mechanism.In terms of positive effects,the procuratorial mechanism stationed at the frontline which can improve the level of law enforcement for frontline investigators.It is conducive to fulfilling the function of cracking down on crimes quickly and favorably,and ensuring the efficient and smooth conduct of litigation activities.It can use geographic and institutional advantages to effectively broaden the channels of information and promote supervision functions.And it can be based on procuratorial functions,take a variety of work methods,and achieve the unity of legal effects and social effects.The existing problems include: when the mechanism is implemented,the problem of lack of manpower in the procuratorial organs is prominent;as a result of the lack of supervision authority,procuratorial supervision opinions are difficult to implement;the supervision of the public security organs will have the conflicts;the oversight in some cases,there is a layman leadership;the suspicion has reduced the efficiency of investigations;criminal investigationactivities will participate in the entire process which increase the risk of disclosure of the secrets of handling cases.The fourth part systematically analyzes the reasons why the supervision mechanism of the criminal investigation activities in the prosecutorial office of the police station in the B city of A province has been running poorly.These mainly include: the actual contradiction between labor shortage in the procuratorial organs and the huge number of police stations;the unclear provisions in the legislation,and the “two-way constraint” relationship between the prosecutors;the police cannot provide effective guarantees for the implementation of supervisory opinions;coordination reforms do not bind the stakeholders.The exclusionary attitude of the impoverished interests in the reform has hindered the smooth implementation of the reform;the backward concept and the low quality of some personnel have brought adverse consequences to the reform.In the fifth part,on the basis of the above analysis of the reasons,the next step is the specific methods for strengthening the supervision of criminal investigation activities in police stations.First,we must strive for legal and policy support to provide a strong institutional guarantee for the reform.Second,we must fully protect the right to information of the procuratorate through the establishment of an information filing system.Third,at this stage,we must reasonably define the scope of supervision,methods of reform and ease the practical contradiction between the lack of human resources in procuratorial organs and the large number of police stations.Fourth,we should take multiple measures to strengthen the authority of the procuratorial organs and their means of investigation and supervision.Fifth,these organs are supposed to enhangce the co-operation to create a good environment for the supervision work.In addition,confidential mechanisms must be established to prevent the disclosure of cases.