An Exploration Of The Relationship Between Prosecutors And Police In My Country From The Perspective Of The Integration Of Arrest And Prosecution

Theoretical and practical circles have carried out in-depth discussions on the relationship between the procuratorial and police,reasonably allocate the investigation power and the procuratorial power,grasp the connection between the two,further perform the procuratorial and police duties according to law,ensure the smooth progress of criminal proceedings,and realize the ideal of "no waste,no indulgence" in criminal prosecution;strengthen the supervision and restriction of the operation of the investigation power,protect the basic human rights of citizens,and let the pre-trial stage go smoothly The starting point and end point of constructing the relationship between prosecutors and police is to work in line with the requirements of the trial and serve the trial.The reform of the integration of arrest and prosecution starts from the adjustment of the internal organs of the procuratorial organs,and gives full play to the guiding role of the procuratorial organs for investigation.In the investigation stage,the evidence is transferred and collected according to the standard of trial,so as to better carry out criminal accusations and initiate public prosecution.At the same time,in order to realize the purpose of protecting human rights in the criminal procedure law,avoid the abuse of investigation power and the violation of legal rights,we should strengthen the supervision The legal supervision of investigation.To explore the relationship between the procuratorial organs and the police,we should put it in the context of the judicial system and firmly grasp the core issue of the procuratorial organs' guidance and supervision of investigation in the relationship between the procuratorial organs and the police.Starting from the relationship between the procuratorial organs and the police,this paper discusses the changes and influences of the specific arrangement of the principle of division of responsibilities,cooperation and restriction between the procuratorial organs and the police after the implementation of the mode of integration of arrest and prosecution within the procuratorial organs.Combined with the current views and opinions of the public security organs on the investigation work,this paper puts forward some suggestions on strengthening the procuratorial organs to guide the investigation It's a real suggestion.It also points out that the trend after the integration of arrest and prosecution should be the integration of prosecution and police,and expounds the direction of the reform of the relationship between prosecution and police in China.This paper mainly explores the construction of the new relationship between prosecutors and police under the reform of the integration of arrest and prosecution,which has four parts.The first part,including the basic connotation of the relationship between the prosecution and the police,the main mode,and select Germany and Japan's prosecution and police relations for analysis,summed up its relationship with China's prosecution and police relations for comparison,for reference.The second part briefly introduces the legislative provisions of the relationship between prosecutors and police in China,and points out the problems existing in the judicial practice.The Constitution and the criminal procedure law of our country stipulate in principle the relationship among the public,procuratorial and legal organs.However,in judicial practice,the investigation behavior of the public security organs still needs to be further standardized,the guidance and restriction of the procuratorial organs need to be improved,and the litigation stage of the formation of linear litigation process leads to cumbersome process and reduces the judicial efficiency,and so on.The author uses the methods of interview and investigation to introduce and analyze these problems.The third part focuses on the reform of the integration of arrest and prosecution in the procuratorial organs,which promotes the construction of a new type of procuratorial police relationship.Reviewing the theoretical and practical disputes at the beginning of the exploration of the integration of arrest and prosecution,the overall evaluation shows that the advantages outweigh the disadvantages of the implementation of the integration of arrest and prosecution.Its value lies in the strengthening of the procuratorial guidance of investigation,the standardization of investigation and evidence collection,and the improvement of the efficiency of criminal proceedings.Based on this valuable judicial practice experience,we should further improve and guide the investigation to better serve the prosecution,so as to promote the smooth progress of the trial.The fourth part,first of all,discusses the ought to be state of the integration of prosecution and police in criminal procedure;secondly,in the actual improvement,puts forward opinions on how to promote the construction of new relationship between prosecution and police,improve the procuratorial guidance and supervision of investigation;finally,if the implementation of "integration of prosecution and police",how to arrange the overall criminal procedure system.