Research On Methods Of Procuratorate Classifyed-guiding Investigation

Many rules,such as strict evidence judgment,full confrontation between prosecution and defense,full protection of human rights,and strong crackdown on crimes,which have been formed by the continuous deepening of judicial reform,have put forward new requirements for the coordination of the relationship between prosecutors and police.As a rational choice for the relationship between prosecutors and police under the principle of "division of responsibilities,mutual cooperation and mutual supervision" in our country,procuratorial guidance and investigation have achieved certain results in exerting the joint efforts of prosecutors and police to crack down on crimes.However,due to the limitation of judicial resources,differences in thinking and cognition,and different degrees of attention,the current procuratorial guidance and investigation are mostly limited to a few cases,such as major and difficult cases,which are discussed within the scope of discussion.Administrative guidance characterized by personnel exchanges and judicial guidance characterized by case-based guidance are formed.However,the current guiding investigation methods all show various problems such as high dependence on guiding subjects,large limitation of application scope,insufficient guiding standardization,poor guiding lag effect and so on,which need to be further improved.Under the background of trial-centered litigation system reform,the overall improvement of the quality of cases has become a natural target to guide the investigation.Through the examination of the investigation quality problems,it is found that there are a large number of investigation quality problems in simple cases,which is necessary for guidance.Based on the similarity between the reform of the relationship between prosecutors and police and the deepening of the reform,as well as the differences in the causes of the quality problems in the investigation of difficult cases and simple cases,it is necessary to explore a new path for the prosecution of simple cases to guide the investigation.That is to say,the necessary factual evidence elements are used to construct an evidence system that conforms to the constitution of the crime to guide similar cases,and a visual and scientific evidence element structure is used to guide the front,so as to solve the problem of objective evidence collection caused by lagging guidance andeliminate the phenomenon of subjective evidence collection and inadequate evidence collection caused by the difference between the police and the inspection contractors.Cooperate with the normative guidance of evidence legality to make evidence collection more targeted,comprehensive and lawful,to ensure the quality of criminal litigation cases from the source,and to strengthen procuratorial supervision.This paper is divided into six parts.Apart from the introduction and conclusion,it analyzes the new orientation of guiding investigation,the practical difficulties and constraints of guiding investigation under the background of reform,and puts forward suggestions for improvement.Drawing lessons from the pilot program of table format review of table type cases by the people's procuratorate of district in f city,this paper puts forward the specific working method of element type guidance based on the establishment of unified evidence system and criminal facts.