Research On Procuratorial Intervention Procedure

In 2019,the Supreme People’s Procuratorate issued the "2018-2022 Work Plan for Procuratorial Reform," which clearly states that a system for public security organs to handle major,complex,and difficult cases and to listen to the opinions and suggestions of the procuratorial organs is required.At the same time,the newly revised "People’s Procuratorate’s Criminal Procedure Rules" in 2019 also provides detailed provisions for the involvement of prosecutors in investigations,and once again puts prosecutorial intervention in the investigation process on an important agenda.Given a new meaning.This plan and regulation is a useful move to advance the advancement and improvement of the early intervention investigation procedure.It also clearly clarifies the leading role of the procuratorial organs in the early intervention investigation procedure,which is in line with the mainstream of the current criminal justice reform processThis article starts from the perspective of intervention investigation procedure operation,focuses on the operation and guarantee of the procedure,and uses the research method of combining theory with practice.The smooth progress of intervention investigation procedures has laid a solid foundation.The full text consists of four chapters:The first chapter is a theoretical overview of the proactive procuratorial intervention process.This chapter first clarifies the specific meaning of the proactive procuratorial intervention process and analyzes the different theories of this process in the theoretical and practical circles;Secondly,it expounds the legitimacy of procuratorial intervention in the investigation process from five aspects: the power of investigation and supervision,litigation function,efficiency of litigation,protection of human rights,and procedural justice.Finally,the reform of the trial center and the integration of arrest and prosecution give the substantive value to advance intervention investigation procedures.The second chapter is mainly about the specific operation of the early intervention investigation procedure in practice,using empirical research methods to analyze the application of this procedure in practice and its effects,and to explore the theoretical and practical dilemma of the early intervention investigation procedure.Onthe one hand,the problems arising from the analysis of the specific intervention situation of the procuratorial intervention investigation,on the other hand,imperfect coordination mechanisms in the procuratorial intervention investigation process,the absence of procedural sanctions mechanisms,and the low level of judicial informatization have also hindered intervention The normal progress of the investigative process requires further exploration of these issues.It also analyzes the reasons from the low level of legislation and insufficient investigation and supervision mechanisms.The third chapter analyzes the pre-intervention investigation procedure under the integrated prosecution and police model from the perspective of extraterritorial comparison.It studies the pre-intervention investigation under the integrated prosecution and police model represented by Germany,Japan,and Taiwan,China,and the United Kingdom Early intervention investigation under the separation model of police and police represented by the United States,Summarize the extraterritorial experience and lessons of this procedure,and learn from it the rationality factors of intervention investigation procedures under different models,and provide a unique perspective for improving China’s procuratorial intervention investigation procedures in advance.The fourth chapter mainly discusses the conception of improving the mechanism of procuratorial intervention in advance,which is mainly divided into three parts.First of all,the principle of procuratorial intervention in the investigation process needs to be determined,and the procuratorial intervention procedure should be improved by clarifying the statutory,moderate and efficient principles of the procedure;Secondly,establish the operation mechanism of procuratorial intervention in advance,and clarify the limited dominance of procuratorial organs in the investigation process in practice,as well as the specific operating rules and content,so that it can be regulated and measured;Finally,we will improve the safeguard mechanism for procuratorial intervention in the investigation process in advance,and propose specific and perfect measures in terms of strengthening the rigidity of investigation supervision,improving the coordination mechanism for intervention,constructing a procedural sanction mechanism,and improving the level of judicial information.