公诉引导侦查研究-刑事诉讼法专业论文.docx

Abstract According to the legal norm of criminal procedure, the supervision of departments of public prosecution to exercise of detection is legal supervision. And departments of public prosecution takes way of investigating afterwards. Namely, the parquets find the investigation organs breaking the law while reviewing and approving the arrest and suing, they may introduce remarks. When the parquets find evidence insufficient or fact unclear or crime omissive or suspected offender omissive, they may return of the case for supplementary investigation, or make supplementary investigation by themselves. When they make supplementary investigation by themselves, they can request the investigation organs ’ aids at a push. The power of return of a case for supplementary investigation looks tremendous, but it have a lot of problems in practice. The departments of public prosecution don’ t give essential directions to the investigation organs, which makes the results of supplementary investigation unfavorable. Mode of investigating afterwords about the law cases in our country what the investigation organs refer to the departments of public prosecution for review and prosecution has so many problems as hysteretic nature and passivity that goes against the realization of justice and efficiency obviously at the present when we reform the way of court hearing and prosecution. Establishing new type of relations between detection and public prosecution is required by circumstances. The system of public prosecution guiding detection is a significant measure to bring forth new ideas to system and impel reform of public prosecution for the past few years. Under our countrys currently basic condition, the system of public prosecution guiding detection is feasible both in theory and in practice. Public prosecution guiding detection has it’s basis both on constitution and criminal law. Supreme People’s Procuratorate put forward the train of thought about work that public prosecution gu