Studies Of The Relations Between The Prosecutorial Organization And The Police Bureau In The Criminal Actions

The relations of between the Prosecutorial Organization and the Police Bureau in the Criminal Actions mean that relation of procuratorate and police office comes form their procedural status and functions during criminal actions. To what extent the power of prosecution and rights and interests of citizen are realized depends on whether the relation is harmonious or not. However, because of imperfect legislation in China, the relation based on the procedural principle of "separation of functions, coordination and mutual check of judicial organization" results in that it cannot suffice to implementation of prosecution power and that it lowers validity of investigational procedure. It is pre-requisite to regenerate the relation because harmonious relation of procurator and police can overcome some problems like exacting a confession by torture and low efficiency of procedure and so on during criminal investigation and make sure of implementation of prosecution power and make sure of realization of substantive justness through criminal procedure.The first chapter is summarization, which mainly elaborates the motive of selecting this thesis, the present searching situation at home and abroad about it, and the viewpoints put forward in the thesis.In the second chapter, based on that relations of procurator and police of overseas countries are compared, two modes about it are concluded. The reasons that the two modes exist is analyzed. It is discussed to the advantages and disadvantages of the two modes about implementation of their investigationalprocedure function and the new trends of relation of procurator and police. When relation of procurator and police is regenerated in China we can draw lessons from regulations of overseas countries.In third chapter it is discussed and analyzed to relation of procurator and police configuring criminal investigation rights in China. The principles and specific regulation of legislation are introduced. The advantages and disadvantages of legislation, and some problems of judicial practice, and how regenerate Chinese relation of procurator and police are specific analyzed.In the fourth chapter the author put forward some suggestions about regenerating the relation. Firstly, the necessity of regenerating the relation is analyzed. Then, based on that suggestions were put forward by the scholars at home about it is analyzed and integrated the overseas new trends that they are the close relation and strengthening procuratorate' s investigational supervision to police office and keeping " division of work and cooperation " that is reasonable to present relation of procurator and police in China, the author suggest regenerating the relation according to the mode of procurator leading police.