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On the Relationship between the Procurator and the Police in Criminal Procedure

Author: YangShuQuan
Tutor: WangShengYang
School: Anhui University
Course: Legal
Keywords: Right of Public Prosecution The relationship between prosecutors and police Public Prosecution Guiding Investigation
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 55
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Abstract


The right of public prosecution iconic power of prosecutorial power has important theoretical basis and practical perspective of the relationship between prosecutors and police, to the right of public prosecution. In criminal proceedings, the specific content of the national right of public prosecution is not the same, but the right of public prosecution 'investigative control power attracted universal attention, the right of public prosecution under the guidance of prosecutors and police have unique properties and characteristics, such as objectivity and fairness of supervision constraints, with the coordination of basic attributes. In other countries, the Public Prosecution Guiding Investigation prosecutors and police relations are commonly practiced. Civil law countries, usually emphasized in the relationship between prosecutors and police leadership and direct control of the police, the prosecutor, the prosecutor investigation guidance mandatory obvious characteristics of common law countries generally do not emphasize the direct control and leadership, but the Prosecutor The purpose of the prosecution the right to guide the implementation of the police investigation, but stressed that prosecutors, police cooperation in the trial proceedings. Especially Japan with particular emphasis on the preparation of the Public Prosecution, the emphasis on prosecutors to police implementation guidance from the point of view of the public prosecution. In addition, most countries have established support mechanisms, disciplinary Prosecutors police disobedience guidance has the right to make recommendations. Clearly, countries have generally emphasized the concept of investigation for the Public Prosecution Service. The two civil prosecutors and police relations have their pros and cons, civil law is conducive to the protection of national recourse exercise, but because of too much emphasis on pre-trial work, the trial often a mere formality, the presumption of innocence is difficult to implement the common law to the contrary. In China, due to the existing legal provisions and the impact of traditional failure to implement the Public Prosecution Guiding Investigation mode. In order to be able to implement the Public Prosecution Guiding Investigation mode, we must first establish several concepts: First, the trial of the concept of centrism, emphasized the decisive role of the trial, the prosecution, investigation and trial, the investigation should be subordinated to the prosecution, investigation, prosecution cooperate with each other to protect the right to prosecute the exercise; is to protect both the concept of human rights and prosecution of crime in criminal proceedings should always maintain two major benefits: First, the national interests, the interests of the parties, to \Concerned about the quality of the evidence and legitimacy in order to maintain the two interests; efficiency concept, we want to design a scientific system, to solve the efficiency problem, in order to adapt to the needs of modern litigation and the need to combat crime, to play the function of the criminal law in a timely manner, to restore order in a timely manner; Fourth, the Attorney controlling concept, our police investigative power, but its not a good mandate to complete the Code of Criminal Procedure, but police abuse is more prevalent, police restricting mechanism is not perfect Therefore, the emphasis Prosecutor controlling position in criminal proceedings is necessary, so that prosecutors through the guidance and supervision of exercise of the power to regulate the police; prosecutorial power judicial philosophy, the characteristics of the work of the Public Prosecution decided indictable prosecutorial power of a judicial , and its investigation property, both with relative independence and separation, which requires us to build a bridge between the two bridges - build certain mechanisms to achieve their common purpose of prosecution. Second, China should implement the the indictable guidance investigation mode, is essential to establish a reasonable Attorney controlling system. The implementation of dynamic supervision, Prosecutor investigation activities with emphasis on investigative and prosecutorial stressed that the investigation subject to the public prosecution, emphasizing the authoritative guidance of an indictable. In the implementation of the Public Prosecution Guiding Investigation mode, combined with national conditions, you can build the following specific system: First, the establishment of a record reporting system, so that prosecutors can intervene in a timely investigation activities, master case information, timely guidance, supervision and investigation activities to protect evidence , legality; prosecutor motor system of the investigation right from the law gives prosecutors power to detect crime, and set up the necessary conditions for the exercise. In the case of not weakening the public security organ functions, giving prosecutors power to detect crime, not only to protect the exercise of the right to prosecute, and can effectively supervise the investigation; Third, the establishment of an indictable early entry into the system of pre-trial proceedings, shorten the investigation period, shorten the trial before the deadline, in order to improve the efficiency of the proceedings and the protection of human rights; Fourth, establish a police testify in court system, and strengthen the co-ordination of the trial proceedings, prosecutors and police, so the police as a witness for the prosecution with prosecutors completed to support the prosecution task to protect the right to prosecute the effective exercise; 5 is to establish the discipline of the proposed system, giving prosecutors the right to make recommendations on police discipline, and guaranteed the implementation of the Public Prosecution Guiding Investigation mode.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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