The Public Security Organs Of Criminal Judicial Work Of Present And Future

The amending again of the Criminal Procedure Law of the People's Republic of China has become a major issue in the law field currently, which also brings a warm discussion about the criminal investigation reform in the public security organs. In the current and future, investigation and practice reform is facing a double background of increasing crime rate and law modernization. And tasks and challenges investigation needs to deal with have dual aspects. On one hand, to cope with the high crime rate, the criminal investigation organ must raise reconnaissance capability; On the other hand, as the pushing on of manage state affairs according to law and awareness promotion of civic rights, promoting investigation legalization is a task which brooks no delay. We may say that, improving investigation ability and promoting investigation legalization, are already the two themes of investigation work in China in the 21st Century.From the position and point of view, it is a consensus in general to give consideration to both two themes, and to maintain the balancing beween punishing crimes and safeguarding the human rights. But in practice, differences remain distinct:the academics pay more attention to the justice for the investigation procedure, appealing to promote the investigation legalization; while practical departments emphasize the actual national situation, considering the promoting of investigation legalization should be on the premise of the improving of investigation ability. By analyzing the actual situation of the criminal justice in the public security organ, this paper aims to explore the two themes—how to improve the investigation capability and strengthen the investigation legalization in the way of historical, comparitive, analytical, and empirical. Through comparison and reflection to practice to explore the future of the criminal investigation reform, the idea is to promote the reform of criminal investigation in a safe way actively, realizing the investigation capability and investigation legalization with the increase and benign interaction of both sides.The first chapter is about the settings of criminal investigation departments in the public security organs and the procuratorate-police relationship, expatiating on the settings of criminal judicial departments in all ages and the procuratorate-police relationship and so on. Through a comprehensive and sino-foreign comparative method, we have a macroscopic understanding of current setup of criminal investigation departments in China. The second chapter is to survey the situation and existing problems of criminal judicial work in the public security organs, to demonstrate the present situation and challenges in the criminal investigation works, to evaluate the gain and loss of criminal investigation reform in 1997, and to summarize the problems and causes of criminal investigation work in practice. The third chapter is, through the analyzing of relationship among criminal situation, investigation ability, and investigation legalization, to imagine to promote and perfect the investigation legalization construction by an active and reliable system reform, and to improve investigation capability relying on the national increase in information resource and social control ability of leading the overall ascension.