Analysis Of Procuratorial Guidance Investigation Model

In addition to the introduction and conclusion,this article consists of four parts.The first part mainly introduces the concept of the inspection and guidance investigation system.The procuratorial and guiding investigation system is a kind of procedural and police relationship innovation model that emerged from practical work and meets the requirements of "trial-centered" reform.This paper introduces the origin and development of the system,from the "strike hard"period in 1983 to Zhoukou,Henan.The Municipal Procuratorate took the lead in discovering the exploration and inspection mode,and then proceeded to the procuratorial and guided investigation mode under the background of"trial-centered" reform,and compared the "Zhoukou mode" with the current guidance investigation mode.The second part discusses the theoretical basis of the prosecutorial guidance investigation system.The power of the procuratorial organs to guide investigation comes from its legal supervision power,and it is also a reasonable extension of the right to public prosecution.It is undoubtedly perfect for the value orientation of the system to satisfy the dual purpose of strengthening supervision and service public prosecution at the same time,but because of this The two values are not compatible in themselves,so they cannot satisfy such dual purposes at the same time.The service public prosecution is not the same as re-taking the old road of "strike hard" in 1983.It is to meet the requirements of the pre-trial procedural quality under the new situation of "trial-centered".The third part lists the current situation of the procuratorial guidance investigation system in China and the problems arising in the process of promotion.Judging from the data listed,the procuratorial organ's guidance for investigation has achieved good results in improving the rate of arrest and judgment of cases,and preventing the detection of illegal activities.However,in the actual operation process,both the procuratorial organs and the investigation agencies have encountered Some practical problems,whether the system can be implemented smoothly depends on the quality of the local police relations.The fourth part first lists the two different views held by the current academic community on the procuratorial guidance investigation system.The author still agrees to adhere to and improve the system,because the system is bred from practical work under the legal framework of China.It is suitable for the system of police relations in China.For the improvement of the system,it is necessary not only to change the concept,but also to strengthen the legislative work,clarify the power boundary,and improve the detailed operational mechanism to ensure the smooth implementation of the system.