Research On Procedural Control Of Public Security Criminal Cases-filing Power

In China,a long-standing problem is the unreal criminal cases-filing of public security organs,including rejecting,not filing,illegal filing cases,etc,which has seriously affected the harmony between the police and the public and judicial public faith.The provision of casesfiling procedure is relatively simple in the Criminal Procedure Law,and it is generally regarded as a single action of "making a decision".In practice,supervision over criminal cases-filing of the procuratorial organs is not effective because of limited clues and lack of supervision.Empirically studying the status and problems of public security criminal cases-filing through indepth field investigation of public security organs,and using relevant data and cases,the paper combs the relevant factors of ineffective control of criminal cases-filing power,and dissects its problems in China from the perspective of comparative law,which is helpful to construct a diversified procedural control system of cases-filing power from the three aspects of system,subject,and behavior.The main content consists of preface,conclusion and seven parts.Chapter I is an overview.Through defining cases-accepting,cases-filing,and investigation power,cases-filing is regards as the starting power of investigation procedure,which includes the whole process of "receiving and handling police information ? accepting cases ?preliminary investigation?filing cases".Controlling the cases-filing power is helpful to connect administrative and criminal procedure,control the start of investigation power,and achieve internal procedural justice.Considering previous studies discuss supervision over criminal cases-filing from an external perspective with less empirical research,the paper focuses on the empirical analysis of the operation of public security criminal cases-filing power.Chapter II provides a theoretical frame.Selecting the procedural justice theory as the main analysis tool,the paper regards exploration of it as "constructing a possibility of legal development",and proposes "a model of common and difference of procedural justice" through both diachronic and synchronic analysis of it.Procedural justice consists of two levels,the "visible" external procedural justice can be helpful to judge and realize the "relative reasonable" entity results,while the internal procedural justice affects and boosts the external procedure justice.According to the characteristic of "development" of procedural justice,the multiple control system of cases-filing power is constructed.Chapter III is about the current situation of public security criminal cases-filing.After the analysis of its management mode and components,the paper triangulates the cases-filing power from four aspects including its operation status,the supervision situation over cases-filing of theprocuratorial organs,its effect to jurisdiction of the court,and the evaluation of public satisfaction with public security criminal cases-filing.Chapter IV points out the problems existing in public security criminal cases-filing.The paper puts forward six problems,including a large number of invalid police information have a crowding out effect on cases-filing,failure to accept the case,not filing small cases involving people's livelihood such as theft,not to detect after cases-filing or ineffective investigation,preliminary investigation instead of investigation,and abuse of cases-filing power to violate lawful rights of the masses.Chapter V analyses the factors of ineffective control of criminal cases-filing power according to the three aspects of system,subject,and behavior.The system is divided into external legal system and internal management system,the subject reason is summarized into the operators are non professional police auxiliary personnel,the staff are lack of alarm handling skills,and the investigators have no unified access qualifications,and the behavior is analysed from the multi-angles of psychology,economics,and external supervision.Chapter VI is about the extraterritorial investigation of relevant issues of criminal casesfiling.Through the comparison of the incidence of criminal cases in different countries,the paper summarizes the difficulties in the initiation of investigation faced by the police departments in various countries.Comparing the legislation styles of investigation startup procedure and power control model of 50 countries in Asia,Europe,Africa and America,the paper observes the influence of the former Soviet Union on cases-filing power and control model of new China,and draws lessons to our country.Chapter VII is about how to improve the procedural control of public security criminal cases-filing.Through the theoretical analysis,the paper explores the establishment of the reform model of natural evolution under the guidance of rationality,and establishes the procedural control model of cases-filing power based on the principle of supply and demand.On this basis,the paper puts forward some concrete countermeasures from three aspects including system perfection,promotion of the subject professionalism,and strengthening the control of cases-filing behavior.