| The system of early intervention is a way for procuratorial organs to carry out legal supervision,which is stipulated by legislation and has important significance in judicial practice,which can improve the efficiency and quality of cases.The theory and practice of procuratorial organs to intervene in advance and lead them to collect evidence have been stagnant.After the fourth plenary session of the 18 th central committee of the communist party of China(CPC)central committee,China began to push forward the reform of the litigation system centering on "trial".Therefore,the early intervention system is in the common interests of both sides and the specific system should be improved as soon as possible.The procuratorial organ is the supervision organ stipulated by the constitution of our country.The system of early intervention is to realize the supervision of investigation and make the investigation procedure more legal,which is also one of the research directions of judicial reform in our country.Procuratorial organs should intervene in the investigation activities in advance,by means of consulting the files,attending the scene investigation,and participating in the case discussion,so as to putforward their opinions and Suggestions on the investigation and evidence collection procedures,types of evidence,capture methods and qualitative issues,and at the same time,supervise the investigation activities.In recent years,the early intervention of procuratorial organs can help and guide the investigation organs to solve cases faster,ensure the smooth progress of criminal proceedings,crack down on crimes accurately and protect the legitimate rights and interests of victims.It can give full play to procuratorial supervision function and guarantee the legalization of investigation procedure.It can improve the relationship between the police and the police and promote the effective communication between them.There are also many problems in the practice of procuratorial organs' early involvement in investigation.First,the scope of cases involved in advance is uncertain,which leads to the lack of unified standards in the implementation of the investigation organs and procuratorial organs.2.Communication between procuratorial organs and investigative organs is not smooth,and in many cases,the relationship between procurators and police is closed.The lack of communication and communication between each other,for the procuratorial organs to intervene in advance,the investigation organs are to hold the attitude of ostracism,which makes it difficult for the procuratorial organs to carry out the work of intervening in advance;3.The procedure of early intervention is not perfect.The current law has not made clear provisions on the procedure of early intervention.Although a procuratorial organ is a supervisory organ,the act of early intervention itself needs to be supervised,because there will be many limits of rights for procuratorial personnel to intervene in the case handling process of the investigative organ.Therefore,effective supervision is still needed for these work.Only by solving these problems in reality,can the system of early intervention be carried out better.In order to improve the system of procuratorial organs' intervening criminal investigation cases in advance,it is necessary to clarify the scope of the cases in the legal system,so that both the procuratorial organs and the investigative organs can be found.Secondly,by building a new type of relationship with the police,strengthening communication and communication,as well as training and learning to adapt to the needs of involving in the work ahead of time;Thirdly,it is necessary to improve the procedure of early intervention and enhance its legitimacy through legislation.Finally,the accountability mechanism of the early intervention system should be established to regulate the early intervention through external and internal double supervision,so as to achieve good results in the early intervention. |
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