Collaboration Mechanism Between Criminal Investigation And Procuratorial Work

The relation between criminal investigation and procuratorial work is a core part of criminal proceedings,is one of the most important topics in the pre-trial procedures.To some extent,the concrete system in the criminal pretrial procedure are built around it,it is not only directly related to the pretrial procedure structure,but also decided the mode of investigation and prosecution in criminal justice,and will have a profound impact on the realization of the purpose of criminal litigation.But until now,in our country,the relation between criminal investigation and procuratorial work is not reasonable,and many problems are yet to be solved,although academic has put forward various reforms,but due to various reasons,it failed to get the relation between criminal investigation and procuratorial work out of the mire.Because of this,the author thinks that,we should take the chance of judicial reform,in order to improve the working efficiency and ensure the quality of handling cases,reconstruct our country’s relation between criminal investigation and procuratorial work.In addition to the introduction and the conclusion,the text consists of three parts.The first part is mainly about the rational analysis on our country’s relations of prosecution and investigative organs.The relationship is based on "the division of responsibilities,co-ordination and mutual restraint principle",this model is a summary of long-term experience of judicial practice,in a certain historical period,it is generally conformed to the requirements of the judicial practice.But with the improvement of the rule of law and judicial reform,the problem of mapping relationship in our country has been constantly exposed,many problems appeared,such as accrual imbalance between "public inspection authority","complained together has not been effectively play","investigation of weak supervision","the efficiency of criminal litigation activities is limited",it seriously affected the criminal procedure activities’effective operation.The second part put forward the ideal path—collaboration of criminal investigation and procuratorial work,to reform our country’s relations between criminal investigation and procuratorial work,and in detail,this part discusses that as the best path to reform our country relation between criminal investigation and procuratorial work,it has the rationality and necessity.Collaboration between criminal investigation and procuratorial work has rationality,it not only conforms to our country’s constitutional principles and the basic litigation system,and absorbs the reasonable factor of separation and integration of the prosecutor and police,it not only conforms to the current severe public security,but is also an inevitable need to reform the trial way.Collaboration between criminal investigation and procuratorial work,has the necessity,it is formed to fight crime together,is an inevitable request to realize the objective of criminal litigation;it is an inevitable requirement to strengthen the evidence’s collection and fix,to improve the quality of public prosecution;it is an inevitable request to save the judicial resources,improve the efficiency of criminal lawsuit activity;it is an inevitable requirement to strengthen legal supervision,to discover and correct the illegal action of the investigation organ in time,and to effectively protect the legitimate rights and interests of criminal suspects;In addition,the collaboration between criminal investigation and procuratorial work is also conducive to give full play to the detection personnel professional ability,and to realize the complementaryThe third part mainly discusses how to construct the cooperation mechanism between criminal investigation and procuratorial work.because the article studys about the narrow sense relation between criminal investigation and procuratorial work,so defined the body of the collaborative mechanism between criminal investigation and procuratorial work as the forensic,economic investigation and procuratorial organs of public security organs of investigation,prosecution departments.To maximumly utilize the limited judicial resources,the article also qualified the cope of the case,which is applied to the system,whether the case is apply to the system is mainly depends on the difficulty of obtaining the evidence and the qualitative,rather than its social influence.The article points out that,in order to make sure that the collaboration between criminal investigation and procuratorial work obtains the actual effect,we must set up special organizations,on this basis,by "early intervene the case",realize the guide forensics and more effective investigation supervision;By perfect the"investigators testify" to adapt to the needs of criminal judicial reform;By forming standardized "joint conference system",thus open mapping mechanism between the information communication,help in a tense atmosphere,realize the benign interaction.In addition,considering the case in advance "intervention" of judicial resources into the demand is higher,the article also explores the collaboration between criminal investigation and procuratorial work,which is a new way,by setting "the general evidence reference standard case",in the hope of the universal service to more case.Finally,build the information sharing platform,business training system and other supporting mechanism as the main body system services.