Abstract: Earlyprocuratorial interventionin criminal investigation comes from the widely-criticized modes of "one chief making decisions on behalf of three chiefs" and "joint handling ofcases" in the last 20th century. Ithas gradually developed and improved through constant exploration and reform in judicial practice. Its function is to enhance the quality and efficiency of case handling and to strengthen the supervision over criminal investigation, and its theoretical bases include the theory of preparation for public prosecution and the theory of legal supervision.With the deepened reform of the national supervision system, the early procuratorial participation in supervisory investigation has been gradually provided for and applied in norms and practice. Because of the constitutional positioning and the power allocation of supervisory authorities, as well as the integrity, closeness and self-consistency of the supervisory procedure, early procuratorial participation in supervisory investigation is different from the earlyprocuratorial intervention in criminal investigation in thatit takes the theory of independent supervision as its basic theoretical foundation. Under the guidance of this theory, the purpose of early procuratorial participation is mainly to cooperate with the supervisory authorities in improving the quality and efficiency of the handling duty-related criminal cases in the anti-corruption work, and removing the procedural obstacles to the "connection of supervision law and criminal law". Thus, the relevant mechanism construction, such as the mode of initiation, the time points and nodes, the scope of cases, as well as the basic process after such early participation, should be developed on this basis.
Keywords:early procuratorial participation in supervisory investigation; Early procuratorial intervention in criminal investigation; the theory of preparation for public prosecution; the theory of legal supervision; the theory of independent supervision
Author:Dong Kun, a research fellow at CASS Law Institute.
Source: 9 (2021) Political Science and Law
