Prosecutors And Police Relations Theory

Between the public prosecutor and police's relations is one of basic content which the criminal prosecution relates. This question is not a new question, many scholars and Actual officer of the court all regarding this have had the elaboration or the discussion. But at this point, still has not had the conclusion in China. The reason is: along with 1996 Law of Criminal Procedure revision, has "the litigant principle" the characteristic criminal activity to hold a court hearing the way to be able to utilize in our country, but in the judicial practice its success place is limited. Particularly in holding court legal procedure, "the people's procuratorates and the public security organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall coordinate their efforts and check each other to ensure the correct and effective enforcement of the law", although it has played the vital role in the prominent attack crime, but it has the conflict with the modern judicature idea, and also has had many questions in the practice. First, public security organ's authority has not been under the effective restriction, affects the judicature to be fair seriously. In detection, the public security organs lack exterior restriction, down to have extortion of confession by torture, go over the ultra time takes into custody and so on each kind of infringement human rights questions; and when carry out the public security laws and regulations, the public security organs may make directly involves deprives or limit citizen's personal rights, property rights, right of privacy. For example the decision education-through-labor, the administrative detention and so on has the judicature archery target authority, certainly has not been bought into line with in the legal surveillance system. At present in our country, the procuratorates surveillance public security organs is afterwards and the passivity, even some places have not been supervised. Next, relations between the procuratorates and public security organ's are restricting the control crime lawsuit potency seriously. The procuratorate and public security organ's working efficiency whole is low, and the enhancement detective investigates the ability the means not to be many. Solves above problems, must implement "the litigant principle" the lawsuit pattern, this request "as the center take the detection" transforms for take "the trial as the center" in the criminal...