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Some Thoughts Of The Right Allocation Of Public Security Organ

Posted on:2012-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:K DengFull Text:PDF
GTID:2166330335988599Subject:Law
Abstract/Summary:PDF Full Text Request
In criminal proceedings, the investigation is a basic, independent stage. The exercise of investigative power affects the entire development process of criminal proceedings. The public security organs play an important role in the investigation stage of criminal proceedings. The investigation of criminal evidence plays a decisive role in the quality of the entire criminal proceedings. However, the exercise of investigative power is closely related to the variety of interests of citizens. All along, the CPC Central Committee attaches great importance to the reform of our criminal justice system. Legal scholars have carried out extensive research on the right configuration issues of the investigation. Among them, how to configure the power of investigation of public security organs attaches great importance to the academic topic. However, many factors affects the investigation work: Firstly, the level of social and economic development seriously constrain the investigations ;Secondly, high-speed transformation of society has brought great difficulties to the investigation; Thirdly, the law enforcement environment caused great distress to the investigation; Fourthly, there are some defects in the distribution of the investigation right, inspection and supervision. The relations of public, prosecutors, law lose the balance. There are some disorders in the internal control between the right of the executive power and detection; Fifthly, the means, measures of the public security organs lack efficacy under the law. Optimal allocation of the power of Public security organ can not be realized through simply limiting the right of public security organ. If the law does not endow public security organs effective means of detection, investigation authority, investigation and supervision, it will let investigators obtain evidence by illegal means under the pressure of cracking the case in all respects. Therefore, in order to strengthen the protection of human rights, promote the level of law, improve the investigative capacity to combat crime, and effective detection of cases according to law, without the risk of the illegal handling of cases, the optimization of the right configuration of public security organ must solve the problem.The development and progress of modern "Code of Criminal Procedure," can not be separated from the constraints of the investigation right. In the investigation stage, when civil rights and state power occur direct conflict, how to configure the investigation right directly reflects the value orientation of the "Code of Criminal Procedure", and have a decisive impact on criminal proceedings. The configuration of the Right of Investigation has more distinctive features. There are also some specific problems in it. It put forward new requirements of investigation work of public security organs under the new situation and new tasks. Through analysis of the present situation of the public security organ right, this text put forward the recommendations of how to configure the investigation right: establish judicial review mechanism; restrict investigative power by the defending right of lawyers; improve the supervision system of the prosecution; improve exclusion system of the illegal evidence and so on. It aims to optimize the allocation of power investigation of public security organs in China. However, the optimal allocation of detect power is a major issue in our criminal justice system reform and development .The research has important theoretical and practical significance.
Keywords/Search Tags:Public security organs, Power of investigation, Embodiment of justice, Configuration
PDF Full Text Request
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