The Optimum Configuration Of The Public Security Organ's Criminal Investigation

The optimum configuration of the public security organ's criminal investigation directly related to the balance of the state powers and citizen's rights. It's a major issue that our country's criminal judicial reform and developing urgently need to explore at present. So far, the criminal investigation's reform mostly focus on the reform of public security organ's investigation of the internal organization of the function and business capabilities, and did not touch the public security organs of substantive change. After the reform, several academic still pointed out that "investigation, no less institutional issues a investigation power system defects remain the same." So in this article, the whole investigation system is in the criminal litigation system and whole judicial system. This article mainly includes three parts, a total of around 30,000 words.In the first part, the connotation of the optimum configuration of the public security organ's criminal investigation, value orientation and other basic theory were introduced. The writer thinks that the optimal allocation of public security organ is by reference of system and environment and the public security organ distinguish procuratorial relationship factors arrangement, changed and adjusted, making the best result. To achieve the best effect of the criminal investigation or said "optimal", is in criminal proceedings in this environment to consider. From its covering content look, it includs the belonging of the public security organs, the range of the criminal investigation power,and the control to criminal investigation. This paper describes the condition of distinguish procuratorial allocation system, defects analysis and optimize the allocation from the idea of the three aspects. The value orientation of distinguish procuratorial configuration includes two layers: one is the balance of effective investigate crimes and protecting human rights. It's the intrinsic value orientation;the other layer is the transform to trial as center,the external "field" of configuration of the public security organ's criminal investigation. These two aspects of the value orientation lead a total fundamental key to the whole configuration.The second part mainly is the description of the current situation of configuration of the public security organ's criminal investigation and the analysis of the present model's defects. Overall speaking, the inappropriate generalization of the investigation subject, powerfulness of the investigation power, the shortage of the supervision control are the main features of present configuration. Defect performance are like:the investigation subjects'settings are too free; purview division is not clear; the control of the investigation power is pretty weak etc.The third part is the reform ideas of the optimum configuration of the public security organ's criminal investigation. First of all, reconfigurating the "affiliate" of the public security agencies. And redistribute the internal department. Gradually withdraw the criminal investigation of the primary level's police station. Secondly, rationally divide the limits of power of the criminal investigation by improving legislation and perfecting technical operations. Finally, by analysing the obstacles of the two ways to configurate the public security organ's criminal investigation, the writer pointe that allow full play to the supervision and control of the procuratorial organization.