Procuratorial Reform In The New Period And The Adjustment Of Criminal Investigations By Police

Investigation and prosecution are important components of the pre-trial process of criminal procedure in China.After the trial-centered judicial reform,the relationship between investigation and prosecution has shifted from strong investigation and weak prosecution to investigation serving prosecution.In recent years,procuratorial organs have taken a series of reform measures,which have profoundly affected the basic situation of the interaction between investigation and prosecution.The impact of procuratorial reform in the new period on criminal investigation of police mainly displays in three aspects: In terms of the interaction between investigation and prosecution,the reform promotes prosecutors to enhance their sense of responsibility to play a leading role before trial,the time for their intervention in investigation is moved forward,the quality of procuratorial legal instruments is optimized,and its effectiveness in guiding investigation is also improved.In terms of the quality and efficiency of investigation,procuratorial reform has prompted prosecutors to increase their requirements for investigation standardization,which helps to improve the long-term efficiency of investigation.In terms of the ability of police in investigation,procuratorial reform helps to eliminate potential old diseases in investigation,promote the improvement of investigators’ ability to handle cases in accordance with the law,and thus promote the investigation practice to adapt to the innovative system.With the deepening of the procuratorial reform,there are also some problems of investigation in the adjustment.Some investigators have relatively outdated case handling concepts and are not yet prepared in terms of professional proficiency.There is still a situation where the relevant regulations in the interaction between investigation and prosecution are not detailed enough,and the connection between the old and new systems is not in place.The limitations of the scope of investigation supervision have affected the effectiveness of procuratorial reform in investigation.The transformation of investigation practice is constrained by various factors such as local economic conditions and human resource allocation,and the supporting mechanism is not yet mature.Some external factors also affect the effectiveness of the reform.In addition,some prosecutorial reform measures have brought new challenges to the investigation in the short term by affecting the arrest rate and the psychology of suspects.Faced with the new situation,public security organs should update the concepts of case handling,focus on the entire judicial process,integrate a trial oriented pattern of the prosecution,and build a healthy relationship between the prosecution and the police,improve relevant procedural systems,promote the improvement of relevant regulations on the supervision of investigation,promote the construction of the consultation mechanism between investigation and prosecution,improve the case review and management system,and establish and improve the internal case handling standards.In addition,it is necessary to strengthen the allocation of police resources and improve the capabilities of the police force,optimize the system and process of filing in criminal cases,establish the working mechanism of active participation in the procuratorial process,improve the performance evaluation mechanism,link the performance with the interaction between investigation and prosecution and the state of case prosecution,so as to alleviate the difficulties in investigation practice,guarantee the quality and efficiency of case handling,and promote the standardization,legalization and scientization of investigation.