The Reflection Of Procuratorial Guiding Investigation System

This thesis is composed of three parts besides an introduction and a conclusion.The first part introduces the history, concept and content of procuratorial guiding investigation systerm. Procuratorial guiding investigation of the origin there is an evolving process. The prosecution of "early intervention" is a "prototype" of the system. Henan Zhoukou City Procuratorate's "three-three" system is a foundation of guiding detection to the system. This article analyzes of the systerm from five respects in detail, including the word "guide" determination of the main body, and the stage of intervention, the task of guiding investigation, the scope of the case led prosecutors to guide. Meanwhile the article argues that, these five respects is the foundation to ensure the system can run smoothly, and is the proper meaning of the system.The second part mainly through empirical investigation, first affirms the positive sense in the actual operation of the system; followed research by the author learned that the negative phenomena, I begin to reflect on the system in the actual operation of the problems. In practice, the prosecution's main problems: first, public prosecution difficult or very little to guide the public security organs involved in the investigation; second, the supervision department and the public prosecution department of investigation and communication unfavorable, could easily lead to duplication or contradictory guidance; third is from the guidance, supervision and development become a "help", "cooperation"; fourth, the lack of prosecution and restraint mechanisms involved in guiding investigation, likely to cause any guidance. Relationship in the influence of prosecutor and police, public security organ in practice emerges as the major problems: first, in a good area, the public security organ has over-reliance on prosecutorial guiding investigation system; second, in the tension area, public security organs has resistance to the system, not only does not actively cooperate with, or even impose "resistance".The third part starting from the four aspects on the existing problems of the system deeply analyzes the reasons. First, the concept of justice against crime lead the prosecutionrial guiding investigation sysitem in the operation of "alienation"; second, the lack of the clear legal basis and the operational details, resulting in difficult operation; third, debugging the relationship between prosecutor and police directly impact on the implementation of the system; Finally, prosecutor and public security organ make not catching rate and not lawsuit rate as indicators of the work, resulting in prosecutor and police are not likely to arise the normal coordination.The fourth part introduces firstly through arguing the reconstruction of prosecutorial guiding investigation system views and ideas of theorists and practitioners, put forward the reconstruction of the system deserved positioning. The article argues that, the procutatorial supervision investigation not only retain advantages of the prosecutorial guiding investigation, but make up for the lack of prosecution investigation guidance, and its clear theoretical basis for the right of legal supervision, and under the existing legal framework is more reasonable, so the procutatorial supervision investigation is to reconstruct the procuratorial guiding investigation system deserved positioning. In reconstructing China's procuratorial guiding investigation system, not only to change the idea, but also gradually improve the operating mechanism, and build comprehensive supporting system to protect the system could continue to push.