The Current Public Security Under The Criminal Procedure System Assessment

The relationship between public security organs, procuratorial organs and people's courts are defined by the Code of Criminal Procedure as division of labor with individual responsibility, working in coordination and mutual conditioning. This relationship has been generally acknowledged as a basic principle of constitutional criminal procedure since it is defined by the Constitution. However, in practice this kind of so-called organic combination does not functioned well as it is supposed to. On the contrary, the'flow process'of the procedural model resulted from this principle cannot reflect the law of criminal procedure, and also it is in conflict with the mechanic of realizing judicial justice, as well as wasting the procedural resources, disrupting the neutrality of the court, and aggravating the imbalance between the accusing party and the defending party. It may also become an excuse for not handling cases according to law, and will be harmful to the protection of human rights. So it is suggested that this basic principle should be cancelled and the relationship between the three organs should be re-defined according to the objective law of the Code of Criminal Procedure.As to the disfigurement of mutual relationship of police, procurator and court, penman considers that the mutual relationship should be rebuilt following the rule of lawsuit, and should pursue justice equity. Firstly, it should be established uniform pretrial procedure, making the pretrial procedure incorporation of criminal prosecute and of judicial control, to protect right and save judicial cost. Secondly, it should be formed a litigant situation embaying judicial judgment, to endow the court a authoritative status as final judgment, which could improve the status that police, procurator and court executes its own power dispersedly during criminal litigation.Thirdly, it should change the status as"law supervisor"of the procurator to desalt its exceed authority during litigation, equipoise the power between procurator and paraclete, which will form a litigant situation embaying judgment, making police, procurator and court regress the station that they should be, and realize the goal of suit finally.Fourthly, it should strengthen the right of paraclete, endow it according litigant right relative to police and procurator, to control procurator's power and insulate the court and the police, procurator, to interdict their mutual assort, which could make the court and the judge be on a transcendent neutral status during criminal litigation, eliminate elements influence judgment equity, and to realize judicial equity finally.