Research On Procuratorial Organ’s Getting Involved In Advance

The " Procuratorial Organ’s Getting Involved in Advance" mechanism began in the 1980 s during the strict crackdown period,when the people’s procuratorates,before accepting major criminal cases from the public security authorities for procuratorial arrest and prosecution,sent people to participate in the investigation activities of the public security authorities when necessary,to familiarize themselves with the case,identify and solve problems together,and prepare for the review and approval of arrest and prosecution.In October 2021,the Supreme Prosecutor and the Ministry of Public Security jointly issued the Opinions on Improving and Perfecting the Mechanism of Investigation Supervision and Collaboration,which provides a constructive design for the cooperation procedures and the construction of the cooperation platform between the prosecution and the police in "Procuratorial Organ’s Getting Involved in Advance",making further improvement and development of the "Procuratorial Organ’s Getting Involved in Advance" system possible.The further improvement and development of the "Procuratorial Organ’s Getting Involved in Advance" system has become possible.This paper starts from the concept and theoretical basis of the "Procuratorial Organ’s Getting Involved in Advance" system,studies the functional positioning and procedural interface of the "Procuratorial Organ’s Getting Involved in Advance" system,and uses empirical analysis to classify and summarize the "Procuratorial Organ’s Getting Involved in Advance" cases.We also use empirical analysis to classify and summarize the "Procuratorial Organ’s Getting Involved in Advance" cases and find the inconsistencies between judicial practice and theoretical generalizations.The chapter one is examining the concept of "Procuratorial Organ’s Getting Involved in Advance" and its development history,and clarifying that "Procuratorial Organ’s Getting Involved in Advance" is a concept that has been continuously adjusted with changes in legislation and judicial policies.The first chapter provides a theoretical overview of the "Procuratorial Organ’s Getting Involved in Advance" system,examining the concept of "Procuratorial Organ’s Getting Involved in Advance" and its historical development,and clarifying that "Procuratorial Organ’s Getting Involved in Advance" is a mechanism that is constantly adjusted in response to changes in legislation and judicial policy,with its function shifting from "crime fighting" to"human rights protection.This chapter will focus on the theoretical basis of"Procuratorial Organ’s Getting Involved in Advance" to explore the justification of the"Procuratorial Organ’s Getting Involved in Advance" system.Meanwhile.This chapter is the basic theoretical research part,which will lay the foundation for the later research.The chapter two is a study of the current status of the "Procuratorial Organ’s Getting Involved in Advance" system of the procuratorate.The first part summarizes the current state of legislation and reviews the norms of the "Procuratorial Organ’s Getting Involved in Advance” and analyzes the relationship between the prosecution and the police,the construction of the prosecution-police platform,and the possibility of institutional innovation in order to promote the improvement of the " Procuratorial Organ’s Getting Involved in Advance ".The second part uses the legal search method to study the judicial practice of the “Procuratorial Organ’s Getting Involved in Advance" system of the procuratorate on the basis of cases,with a view to finding rules in the scope,initiation,and procedures of "Procuratorial Organ’s Getting Involved in Advance" cases.The chapter three discusses the current situation of "Procuratorial Organ’s Getting Involved in Advance".Based on the second chapter,the reasons for the dilemma of "Procuratorial Organ’s Getting Involved in Advance" in practice will be analyzed,and the urgent need for improvement of the system will be pointed out.The chapter four is to improve the "Procuratorial Organ’s Getting Involved in Advance" suggestions and institutional concepts.Firstly,from the perspective of human rights protection,the "Procuratorial Organ’s Getting Involved in Advance" under the recusal system,the wrongdoing accountability system to put forward specific measures to improve.Secondly,from the perspective of procedural improvement,the specific rules and content of "Procuratorial Organ’s Getting Involved in Advance" are clarified,so that there are rules to follow and unified practice around.