Research On Investigation Supervision And Cooperation: A New Exploration Of The Relationship Between Prosecutors And Police

Since the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China,China has gradually established the goal of reforming the litigation system centered on trial,playing the decisive role and subject position of trial in prosecuting crimes and sentencing penalties,strengthening the substantive nature of court trials,attaching importance to the process of evidence investigation,and strictly implementing the system of excluding illegal evidence and the rules of evidence adjudication.In order to promote the realization of this reform goal,it is necessary to improve the ability of investigative organs to collect and fix evidence and improve the quality of evidence collection.At the same time,this also puts forward higher requirements for the legal supervision and public prosecution ability of procuratorial organs.How to strengthen the effectiveness of investigation supervision,protect the legitimate rights of suspect,give better play to the legal literacy of procuratorial organs,enhance the guidance of investigative organs on evidence collection,and form a joint force of public prosecution,Building a benign investigation supervision and cooperation system mechanism is crucial for the smooth implementation of criminal litigation activities in accordance with the law and the improvement of judicial credibility.This article is divided into five parts to discuss the mechanism of investigation supervision and cooperation in improving the relationship between prosecutors and police.The first chapter elaborates on the overall pattern of the current relationship between prosecutors and police in China,from three aspects: division of labor cooperation,mutual supervision,and mutual restraint.It demonstrates the operational effectiveness and role of the relationship between prosecutors and police,and introduces the important significance of the two key points in the relationship between prosecutors and police,namely,the supervision of public security organs’ investigation activities and the cooperation between the two to complete criminal prosecution,in enhancing judicial fairness and enhancing judicial credibility.The second chapter sorts out the relevant issues and difficulties in judicial practice from two aspects: the investigation and supervision conducted by the procuratorial organs on the investigation organs,as well as the cooperation and cooperation between the two parties.This includes the dispersion of supervision power,the lack of unified supervision subjects,the tendency towards formalization of supervision,the lack of mandatory supervision,the difficulty in implementing supervision opinions,the lack of effective cooperation in prosecuting crimes,and the existence of conflicts between the two parties in supplementary investigation.The third chapter analyzes the practical difficulties summarized and sorted out above,starting from several points such as insufficient allocation of prosecutorial human resources,the continuous impact of the concept of "investigation centrism",the heterogeneity of work between both parties,the closed nature of investigation,and weak links in procedural protection,in order to achieve an accurate and comprehensive analysis of the causes of practical difficulties.The fourth chapter discusses the investigation supervision and cooperation mechanism that the judicial organs in China are currently striving to build,elaborating on its connotation(including institutional background,overall planning)and practical needs,and demonstrating the important value of the investigation supervision and cooperation mechanism as a breakthrough point in the new prosecution police relationship.The fifth chapter provides relevant opinions and suggestions on the further improvement of the investigation supervision and cooperation mechanism.Propose relevant opinions and suggestions from aspects such as accelerating the improvement of the mechanism of the Investigation Supervision and Collaborative Cooperation Office,strengthening rule guidance,enhancing the mandatory effectiveness of supervision,and promoting the early intervention of procuratorial organs,in order to better play the role and value of the Investigation Supervision and Collaborative Cooperation Mechanism in judicial practice.