Research On The Prosecution Guiding Investigation

Prosecution guiding investigation is an important content of China’s reform ofthe relationship between prosecutors and police mode, and a work mechanism andcase-handling means which are gradually fumbled by prosecutorial organs in reeentlyyears in the practice process of active exploration of interposition of investigationguiding of investigation and evidence obtainment and intensification of investigationsupervision. Police as the main investigative organization in handling crimincal caseand its investigative activities must accept the supervision and restriction, onlyprocuratorial can exercise this rights. Prosecution guiding investigation is the publicsecurity organs of the investigation activities under the supervision of the prosecutionand the constraints on an innovative model without affecting the efficiency of thepremise of the investigation of criminal cases.Prosecution guiding investigationcombination procuratorial historical background, theoretical basis, and summed upthe concept of the procuratorial guiding investigation, combined with foreignprosecutors and police relationship model to analyze our current prosecution guidinginvestigation by problems and gives a perfect program.This paper consists of four chapters with details as below:Chapter One introduces the origin of China’s procuratorial guiding investigationmode, as well as the concept and content. First briefly before the introduction of theorigin of the relationship between prosecutors and police briefly the definition of aconcept, and procuratorial guiding investigation as prosecutors and police reform, apractice, then procuratorial origin guiding investigation practice, Attorney guidinginvestigation the procuratorial organs originated in China in the eighties of the lastcentury, the public prosecution within the two authorities to establish "earlyintervention" approach of the case. procuratorial guiding investigation modeprototype stage. Amending the Criminal Law in1996, and later with China with ourAdversarial trial established evidence in the further improvement of China’s role incriminal proceedings, the practice of reform, according to prosecutors and policearound the Procurator guiding investigation are summarized in practice relationalschema as in line with our current judicial system prosecutors and police to promote. I theorists procuratorial boot different views of the theoretical basis of the investigation,summed up the concept and content of the procuratorial guiding investigation.Chapter two describes the relationship between mode of foreign prosecutors andpolice, and a comparative study. Throughout the world, prosecutors and policerelations mode, mainly two types of civil law countries of France and Germany,"theprosecutors and police integration" mode; Second, Britain and the United States onbehalf of the Anglo-American law countries, prosecutors and police discrete "mode,and combined analysis of two prosecutors and police relations mode based on thefuture development direction of the two modes summed up the two prosecutors andpolice relations mode common law, for guiding investigation mode of procuratorialprovide a reference.Chapter Three introduces the procuratorial guiding investigation in our practicesummed procuratorial guiding investigation in five practice, procuratorial organs isdifficult to intervene, flexible guidance of procuratorial organs, the lack of a rigidsupervision case guidesmall class case guide the investigation and supervisiondepartment of public prosecution department is difficult convergence, theprocuratorial organ weight complaint, the value positioning misunderstanding of thelight supervision.Chapter Four analyze and propose solutions to the ideas put forward its owninvestigation of the general idea of the future direction of the procuratorial boot andon the basis of the total solution ideas on the basis of the integrated theorists ReformIguided by Prosecutor Investigating System specific solutions. I believe that upholdingand improving the procuratorial guiding investigation of prosecutors and policerelations mode ought positioning procuratorial guiding investigation is summed up inmore than10years of judicial practice of China’s procuratorial organs, able to solvethe practical problems of China’s current judicial prosecutors and police relations, anda great reality feasibility. I proposed on the basis of this idea of perfect five specificprograms, procuratorial Investigation Guided by better able to play a role in ourjudicial practice.