Study On The Chief Investigator System Of Public Security Organs

Chief investigator system,serving as one of the crucial components in advancing the law-based governance of the country in all-around way and perfecting the judicial management system and the mechanism for the exercise of judicial power,also plays an important part in the reform of the judicial system deepened by the trial-centered litigation system.Supported by completely constant,simultaneous and active supervision and occupation guarantee system,chief investigator system is a catch-all term of a new system of judicial responsibility upon which public security organs select chief investigators with classified management to set up a case-handling organization where chief investigators,as prescribed by the law,shall handle the cases within the scope of their duties with life-long accountability.As an authentic China issue,chief investigator system is tied with the accountability system of presiding judges and chief procurator system for the focus of the reform of judicial system.Without existing experience to follow,related experience and intellectual support can be drawn from overseas law enforcement administration about selecting and training chief investigators,specifying the duties and providing supervision and occupation guarantee.On that basis,the writer,by the empirical research method on the pilot areas where chief investigators system reform is implemented,finds some common achievements as the rising overall qualities of the chief investigators and people's satisfaction and also some drawbacks as deficient legal basis,unscientific staffing standard,incomplete selection way,unclear rights and obligations and inadequate guarantee.Game theory is employed to deconstruct the formation mechanism of how chief investigator system reform is becoming stagnant;SWOT analysis is used to explore the efficient approaches for investigators' adverse selections;And the ways of comprehensively advancing the chief investigator system reform are discussed from the perspective of strategy optimization of chief investigators' behaviors.In order to sustain and deepen the chief investigator system reform and carry out its related work,it is fairly necessary to follow the basic principles as standardization of power operation,statutory powers and responsibilities,the combination of responsibility,power and interest.Under the guidance of these principles,for purpose of exploring a reproducible and propagable model of chief investigator system,namely,to design a trial centered model of approaches that meets the requirements of judicial reform to realize the functions of chief investigators,optimization strategies are essential to establish a scientific selection system and a classified management system in which chief investigators are taken as the core that is supplemented by auxiliary police officers as co-investigators and criminal technicians.The dynamic analysis platform of law enforcement information can be adopted to achieve dynamic evaluation for the performance of law enforcement in handling cases and give accurate judgments.The jurisdiction of chief investigators is required to be scientifically divided and they have constant and lifelong accountability for the cases they adjudicate;There is need for clarifying and optimizing the running system of powers and responsibilities of investigators and establishing a just and efficient investigation running mechanism,which is,under the construction of the "Great Investigation" mechanism,composed of three kinds of basic organizations,chief investigators,the handling group of chief investigators and the special investigation team;Also,perfecting the platform of law enforcement administration and sunshine police would help to monitor the cases that chief investigators are handling,simultaneously,actively and constantly,so as to ensure a legitimate and normative enforcement procedure.In conclusion,the writer maintains to specify the legal status of chief investigators when revising the People's Police Law of the People's Republic of China and further specify the chief investigator system in a form of the administrative regulation of ministry of public security when setting up provincial discipline board which is independent of public security organ,taking charge of the determination of judicial liability and the system of investigation;it is also proposed to explore the protection mechanisms for investigators' performance according to law and the occupation guarantee system for their economic benefits,rewards and liability exemption,so that chief investigators'initiatives would be maximized.With a view to improve the quality of investigating and handling cases and enhance the credibility of law enforcement activities,"enhancing judicial credibility",the general objective of the reform,would be ultimately realized.