Vision Of Rule Of Criminal Law In The Public Security Organs, Prosecution, Courts Between The Relations

China's criminal procedures are established on the basis of the organs of Public Security, People's Procuratorate and People's Court of the constitutional criminal suits'principles ----"separation of functions, coordination and mutual check of judicial organs". By inspecting the principles from the view of criminal law and combining with the practice of criminal justice, it has proved that the principles violate the law of the distribution of the criminal action power, result in the stage of investigation as the core stage in the whole criminal action and initiate a series of contradictions and issues in practice.In the chapter one of the article it firstly recalls the evolution of Chinese ancient legal system to modern legal system and analyzes the Chinese traditional legal thoughts from the historical perspective. The historical instruments and ideology as a kind of national tradition culture are still in people's mind. But modern people's ideas of law is a complicated synthese which is associated with Chinese past one hundred years history. Therefore the law concept of modern people is the mixtrue of the ancient traditions and western reform ideas. As a result of the complex history and social contexts and the one-sided recognization on the purpose of criminal action, the relationships of devision and cooperation among Investigation agences and Procuratorial organs and judicial organs come into being.In the chapter two it makes an overall evaluation and legal analysis on the problems produced in the practical relations of organs of Public Security, People's Procuratorate and People's Court, and points out that the three work procedures'litigation structure has defects, leading to the functional imbalance and relation dislocation in the relationships of the three agencies'distribution.In the chapter three it investigates the principles of devision, cooperation and condition from the inherent requirements of the three principles, and makes detailed analysis and reflection mainly on the constraint relation between police and inspection, and on the relations of cooperation and condition between the inspection and court, and on the deletion mapping between police and court which is connected with the judicial practice of criminal litigation.In the chapter four it makes brief introduction and analysis on the two legal systems of the relationships among investigation agencies and detective agencies and judicial organs, and make a summary their similarities.In the chapter five, on the basis of use the experience of western countries judicial system for reference and from the realization of the requirement in the field of criminal law, it put forward a series of ideas on rebuilding under the guidance of the principle of division and cooperation and condition of the existing organs of Public Security, People's Procuratorate and People's Court, such as reconstruction of the police power, establishment of the procuratorial organs of the dominant command mechanism to the investigation right, reform of judgment and supervision function, instauration of the prior to the court trial institution, strengthening the Sinocentrism of the court hearing, establishing illegal evidence elimination rule and privilege of silence ,etc.In conclusion, in the field of criminal law, the power distribution and correlation among the Public Security organs, People's Procuratorate organs and People's Court organs shall means that the public security organ's functions of criminal investigation are exercised by the specialized separated police, and procuratorial organs play a leading and directing role, and in pretrial procedure neutral preliminary investigation agencies prosecute the judicial review, and establish the whole criminal lawsuit activity as the center stage, and ensure the equality between the accused and the defended, the courts neutrally and impartially exercise judicial adjudication right.