On The Reconstruction Of Our Country's Prosecutors And Police Relations

In recent years, the problem of judicial innovation is more and more attended by people along with the advance of the tactics of country control according to law and the development of legal system construction in our country. Thereinto, the relationship of the procurator and the police is turning into the focal point attended increasingly by the academia. The relationship of the procurator and the police means the connection which is engendered between the procuratorial organ and the police organ during the course of criminal proceedings, especially in the course of detection based on each exertion of station and authority. The relationship between the procurator and the police is one of the important contents among the theory of criminal conformation. Constructing the connection between the procurator and the police scientifically and constituting the effective controlling mechanism can not only make for texturing the detection footing suitably,but also prevent the organ of investigation from abusing and assure the attainder not be encroached illegally. Ever since long time, under the direction of principle of "answering for dividing the work, cooperating each other and restricting each other" , our law' s prescription of distribution and circulating fashion about the detection authority between the procurator and the police is quite faulty. The phenomena of the inefficient lawsuit and the impinging human rights often occur.Especially, the pattern of dissociative connection between the procurator and the policecannot adapt to the court hearing mode of accusation and disputation which centralized by judgement. Based on reason upwards, the animadversion and reconstruction on the current relationship between the procurator and police in our country become the focal point which is attended by the academia.Based on analyzing the actuality and limitation of the connection of the procurator and police, combined with reviewing the overseas mode of procurator and police, I reckon that it should actualize the incorporate innovation scheme of the procurator and police in our country. Namely, we should establish the dominant status of the procuratorial organ in the moment of detection in order to make all the action of law in organ of investigation, especially the action of inquisition and taking evidence submit to the guidance, direction and supervision by the procuratorial organ. This mode of relationship between the procurator and police is established in the speciality essance of inquisitor and policeman, it is with a view to the task of criminal detection , adjusts the part relationship between the procurator and the police, makes the public security organ collaborate better with the procuratorial organ, aims to serve the prosecution together. It has inherent rationality and exterior feasibility.