Research On The Relationship Of Investigation And Prosecution In Criminal Procedure In Our Country

The relationship of investigation and prosecution is the relationship of power and responsibility between the public security organs enjoying the power of investigation and the procuratorial organs enjoying the power of public prosecution in the process of exercising the function of criminal procedure.With the change of the social development era and the reform of the litigation system,the relationship of investigation and prosecution mainly presents three modes in modern society:separation of investigation and prosecution,integration of investigation and prosecution,and mixed mode,which are respectively applicable to common law countries,civil law countries,Japan and Russia.It has been proved by practice that these three modes have their own advantages and disadvantages,so we can’t simply evaluate the quality of different modes.Through the comparative analysis of these three modes,it can be seen that how a country chooses its own investigative and prosecutorial relationship is closely related to the country’s litigation system and national structure.However,no matter what mode it chooses,the dominant position in the investigative and prosecutorial relationship should be the right of public prosecution,and the right of investigation is the premise to prepare for the exercise of the right of public prosecution.At the same time,investigation and prosecution organs must cooperate with each other to jointly achieve the purpose of cracking down on crimes.In theory,the current situation of the investigation and prosecution relationship in China can be described as "division of labor,mutual coordination and mutual restraint",although so,there are still many deficiencies in the relationship between the two in practice,so the investigation and prosecution relationship in China needs further reform and improvement.Through research and analysis in order to perfect our investigation v.relationship can try in our country implements the investigation of the hybrid model which accords with the situation of domestic relations,namely in the hybrid mode of our country’s procuratorial organs and public security organs remain independent,our country’s public security organs continue to dominate the indictment,the procuratorial organs in charge of public prosecution,but should strengthen the supervision of procuratorial organs,to expand the scope of supervision,increase supervision means.In the hybrid mode,need to continue to improve the implementation details of early intervention system in our country,to expand the scope of intervention,changing the mode of intervention,the regulation of scientific and reasonable intervention time,eventually form in addition to simple,clear and sufficient evidence,the case for most of the cases of the procuratorial organs can be involved in the state of the at any time,in the procuratorial organs should strictly supervise after investigation procedure legitimacy,according to the need for case investigation direction and evidence obtaining,fixed instruct,to better share information and the public security organs,as soon as possible to follow the latest developments in case,With the intervention and cooperation of the procuratorial organs,the evidence standard of the investigation phase is gradually approaching that of the prosecution.The mixed mode in our country will eventually reach a state of integration based on the separation of investigation and prosecution and supplemented by the integration of investigation and prosecution.What separates is the independent status of the public security organ and the procuratorial organ,that is,the division of labor between them.The integration is part of the investigation power.The in-depth implementation of the procuratorial guidance will extend the investigation power of the procuratorial organs to a wider range of case types.The integration is cooperation and collaboration.