Research On The Procuratorial Guiding Investigation In The Perspective Of Judicial Reform

Procuratorial guidance of investigation is a working mechanism summarized in judicial practice in China.Its essence is located in the relationship between prosecutors and police.It means that in the process of handling criminal cases,the procuratorial organ guides the investigation organ to collect evidence or to put forward legal opinions on the case being handled.And the procuratorial organ also supervises the legality of investigation."Taking the trial as the center" emphasizes the essence of the trial,and requires the procuratorial organs to play a leading role in the pre-trial procedure,take various judicial reform measures as an opportunity,further improve the relationship between investigation and prosecution,and strengthen the procuratorial guidance of investigation.This paper is divided into four parts,the specific content is as follows:Chapter Ⅰ: The basic theory of procuratorial work guiding investigation.Before we start to discuss this problem first to clarify the procuratorial work guiding investigation related issues,including the concept and characteristics,the mechanism of formation of the theoretical basis,legal basis and reality basis,finally clear including early intervention in procuratorial work guiding investigation guiding investigation supervision,guide the supplementary investigation,investigation activities.Chapter Ⅱ: The current judicial reform measures on the impact of the procuratorial work guiding investigation."Trial centered" lawsuit system reform required procuratorial organs dominate in the pretrial procedure,and build positive detection v.collaboration.This paper analyzes the new problems,new characteristics and new needs of procuratorial organs in guiding investigation activities,reexamines the rationality of the operation of the mechanism,and improves the procuratorial guidance of investigation mechanism to comply with the reform trend,starting from four reform measures,namely,In the process of criminal suspect’s recognition of his accusation,penalty and sentencing suggestion,he is given lenient treatment,Guarantee the full coverage of lawyer defense system in criminal cases,the institutional reform in the integration of prosecution and prosecution,and the quality and effectiveness evaluation system of "case-case ratio".Judicial reform goals.Chapter Ⅲ: Under the judicial reform system,a series of new problems will appear when procuratorial organs guide investigation activities.This part analyzes the four specific measures in the process of judicial reform,discusses the problems in the procuratorial work guiding investigation,embodied in confession forfeit their case investigation activities supervision strength is low,criminal defense lawyers in case v.collaborative budgeting does not reach the designated position,Under the integration of arrest and prosecution,There are theoretical disputes and practical difficulties in the supervision of investigation activities,the neutrality of the power to examine and approve arrest,the standard of evidence proof of arrest,and the internal supervision of procuratorial power.Under the pressure of "case-case ratio",the authority of guiding investigation is not clear,the effect of guiding investigation is limited,and the type of case needs to be further defined.Chapter Ⅳ:Under the background of judicial reform and improve the path of procuratorial work guiding investigation.This chapter mainly aiming at four in the third part of reform measures under the background of the problems arising from the procuratorial work guiding investigation targeted Suggestions to consummate the path.In essence,the procuratorial organ’s response to lead the investigation is the mode of the relationship between the procuratorial organ and the police.by analyzing the countries outside the model,the prosecutor and police will also be able to the choice of mode for our country police and v.budgeting model transformation provide enlightenment.Greater in pleaded guilty to forfeit their case to strengthen investigation activities supervision;The handling work must strengthen the police force;Further perfect "for catching v." under related procuratorial work guiding investigation mechanism;To further strengthen the procuratorial guidance and investigation under the quality and efficiency evaluation standard system of "case-case ratio",it is necessary to clarify the authority boundary of procuratorial guidance and investigation and implement the mechanism of separating complexity from simplicity.