The Relationship Between Prosecutors And Police In China's Realistic Context

With the deepening of the judicial reform,the construction of the rule of law in China has made outstanding achievements,and is becoming more and more modern in the concept and system level.In recent years,the judicial reform in the field of criminal procedure is very intensive.The theoretical research on the relationship between the prosecutor and the police is facing a new realistic context and background of the times.In the context of multiple judicial reform,the research on the relationship between prosecutors and police needs to respond to the reality,pay close attention to the changes and demands brought by judicial reform,and explore the new pattern of the relationship between prosecutors and police from a new starting point.This paper is mainly based on the current multiple reforms in the field of criminal procedure,the investigation of the current situation of the relationship between the prosecutor and the police as the basis of practice,and the internal laws and general experience of the operation of the relationship between the prosecutor and the police in the world as a reference to explore the improvement path of the relationship between the prosecutor and the police in the context of reality in China.The first chapter analyzes the influence of the current reforms on the functions of procuratorial organs and the relationship between procuratorial organs and police.With the reform of the supervision system and the transfer of the investigation power of the duty crime,the position and authority of the procuratorial organ have been impacted,and the reorientation of the procuratorial function has become an important issue.The reform of the case handling mode of "the integration of arrest and prosecution" has made a significant adjustment to the operation mechanism of the right to arrest and the right to public prosecution,which may aggravate the problems such as the substantiation of the examination and arrest,and further lead to the formalization of the examination and prosecution.Moreover,in recent years,with the frequent reform of the internal organs of the procuratorial organ,the type of case handling and the "reform of large-scale system",the investigation and supervision departments no longer exist,and how to exercise the investigation and supervision is facing difficulties.Of course,there is also the ongoing "trial centered" litigation system reform,which puts forward higher requirements for the prosecution standards and prosecution capacity.It is necessary to release the case filtering and diversion function of the whole pretrial procedure,and "trial centered" can be structurally and realistically possible.In the second chapter,the author reviews the current situation of the practical operation of the relationship between the prosecutor and the police,summarizes and sums up the problems existing in the current relationship of the prosecutor and the police,such as the lack of restraint of the investigation power,the disadvantage of safeguarding human rights,the difficulty of the investigation quality to meet the needs of public prosecution and trial,the difficulty of the procuratorial organs in guiding the investigation,and the weak role of the substantive examination,etc.;then analyzes the deep-seated reasons from the problems,one of which is the investigation In fact,investigation dominates the whole process of investigation and control.Secondly,there are "separation" and imbalance of power and responsibility between investigation and public prosecution.Third,the "emptiness" and "alienation" of the function of litigation supervision.Fourth,the discretion of public prosecution is limited,the pre-trial procedure filtering and diversion are insufficient.Finally,the paper reflects on the current reform practice of optimizing the relationship between the prosecution and the police,and explores the main difficulties faced by the reform of the relationship between the prosecution and the police in China.The third chapter By means of overseas investigation,this paper analyzes the commonness and common experience of the legal system in the main developed countries of Criminal Justice: first,the procuratorial organs generally have the power of investigation,the close connection in the practice of procuratorial police relations,and the leading and core position of the procuratorial organs in the pre-trial procedure.Through direct command,leadership or the discretion of public prosecution,it guides and restricts the investigation activities of the police organs,Prevent abuse of power.Secondly,the most fundamental control of the investigation power is the need for neutral judicial organs.It is a universal law in the world to restrict public power and protect private rights through judicial review of compulsory measures.The relationship between prosecution and police has a natural tendency of prosecution,which requires the participation of judicial organs before trial to ensure the legitimacy of the proceedings.The fourth chapter puts forward the development path of the relationship between the prosecutor and the police in the realistic context: first,it defines the position of the litigation function and the supervision function of the procuratorial organ,and puts forward the general direction of improving the relationship between the prosecutor and the police in our country,that is to establish the pre-trial leading role of the procuratorial organ,assume the leading responsibility and play the leading role.Secondly,put forward the recent measures to improve the relationship between the prosecution and the police,and integrate and separate the litigation function and supervision function of the prosecution.Through deepening the intervention in investigation in advance,building the examination system with evidence as the core,strengthening the self supplementary investigation and appropriately expanding the discretionary space of public prosecution,strengthening the public prosecution function of the procuratorial organ in an all-round way,it has a substantial effect on guiding and restricting investigation;at the same time,integrating the internal supervision resources of the procuratorial organ,building a special litigation supervision department,exploring the "case" handling model of supervision matters We should formulate supervision procedures and unblock supervision information channels so that supervision can be institutionalized,planned and specialized.Finally,from a long-term point of view,this paper discusses the necessity and significance of judicial control over the investigation power in China,and puts forward a preliminary idea of establishing a judicial review system in combination with the legal tradition and practical needs of China,so as to truly "lock the investigation power in a cage" and realize the protection of human rights.