| Abstract: | There are many defects in the current investigative mode dominated by the police. In the background of the reform to adversary trial mode, this investigative mode is revealed more disadvantages, that is, it cannot meet the needs of effective accusation and adapt to the requirements of investigative supervision to guarantee human rights. The spontaneous reform from the practice to make the procurator lead the investigation is a breakthrough to the current relay-type relationship between the procurator and the police. The essence of this reform is the unification of the procurator and the police, which is an important innovation in the undergoing procedural and judicial system reform.The substance of the unification mode is the participation of the procuratorate into the exercise of the investigative power, but not the unification of the organization of the procuratorate and the police, and not the mixture of their respective role as well. There are both theoretical foundations and legal basis to establish the unification mode in our country. The unification mode may improve the quality of investigation and strengthen the ability of accusation, and is good for the procuratorate to fulfill his investigative supervision function. In order to realize the new model of a unified relationship between the procurator and the police, regulations and rules adjusting and normalizing the relationship between them should be enacted. And systems should be established such as exchange of ideas timely, regular meeting in the national and local level, sitting in job meetings by each other, and appointing a specific person for coordination, etc. Moreover, mechanisms that the procuratorate may involve in the investigation directly of important cases should be carried into effect. Fourthly, the detention period by the police before application for arrest should be shortened, and before taking other investigative measures as search, seizure and surveilance, the police should also apply to the procuratorate. At last, the adaption of the police to the procuratorate should extend to the period of trial, and the policeman should stand as the witness according to the request of the procurator. |
