Research On The Relationship Between Investigation Power And Prosecutorial Power

The Fourth Plenary Session of the 18th CPC Central Committee established the"trial-centered"litigation reform system.The essence is to implement the judicial trial standards in the whole process of litigation.It makes the importance of the prosecution,especially the public prosecution function,more prominent.On June4,2015,the fifth public prosecution work meeting of the national procuratorate was held.Cao Jianming's procurator-general clearly pointed out that it is necessary to continue to adhere to the"trial-centered" litigation system reform and pay more attention to the function of accusation in the trial of public prosecution,pay more attention to play a leading role in the pretrial proceedings,strengthen the supervision of procuratorial organs on the legality of criminal trial activities and the fairness of judgments,and promote the substantiveity of trials.This paper first clarifies the power relationship between the procuratorial power and the investigative power.Through the research on the investigation relationship of many countries outside the domain,it is concluded that the complaint is a concept corresponding to the trial,and the right of the complaint itself implies the monopoly of the investigation right..No matter what kind of setting of the police relationship,it will not affect the theory that the investigative power comes from the procuratorial power.Secondly,the relationship between procuratorial and investigative investigations in China is studied.In China,major and complicated criminal case procuratorial organs can intervene in advance and guide the investigation organs to investigate evidence.The facts prove that they have achieved positive results.However,the law does not clarify the relationship between prosecutorial and investigative,that is,to form a cooperative guidingmechanism without changing the existing law and then to seek legislation based on the design of the procuratorial intervention investigation legislation.Finally,the procuratorial guidance and investigation are proposed and a series of reforms are carried out on the basis of the procuratorial power of the procuratorial power.