The Public Security Organs In The Criminal Case

As an important constituent of the current criminal procedure in China, Filling a criminal case is really a necessary procedure of all criminal cases. Police's filling criminal case means that investigational department found the criminal facts,the target of criminal suspects, clues and the admissibility of crime reporting, complaints, reports and surrendered materials by self and other aspects of the review in accordance with crime and the jurisdiction of the case. Judgment the facts of whether need to be clacking criminally responsible, so as to decision the investigation into the activities of mvestigation procedures.The main characteristics are as follows:It is a kind of the model of random criminal start procedure including the legal regulations and procedures of the specific practice,the criminal file closed, and the secrecy of it for unitary, one-way nature, initiative. Actually, the nature of the criminal case file are excessively imperfect ,as well as with the public security organs important function of administrative law enforcement in the investigation and collection of evidence of the similarity of some aspects in practice,are often were easily confused,so criminal activities in the file do not necessarily belong to criminal nature,and enforcing practice of criminal is the right of file the nature of law,but in fact exercise of the judicative right.Nowadays in China, as a result of system design inattentive, the public security organ criminal activity filling a criminal case in the actual operation process exist a series of problems: The condition of it difficult to grasp,"Examination proceeding for placing a case on file" is imprecision.After the stage of puts on record investigates to carry out detection confusing,even had some precautionary measure,the detection method ahead of time arrived in disguised form has put on record the stage use;Specially,the public security organ independently formulates the standard of puts on record with to investigate the standard not to be inconsistent,caused confusion in the practice to operate,Given huge spatial for application legal,the laws and regulations willfully for the public security organ,caused the law enforcement behavior the seriousness,the fairness had doubted;This has also aggravatd abusive phenomenon if the police's right abuses productions. But procuratorate's inspector general limitation in the result surveillance anterior,and it not established the way for record the decision to the explicit surveillance,caused by the surveillance lag.The police can not grasp minutely to the number of cases initiated to statistical of filling criminal case,So the statistical receive the question for accuracy. Therefore,took the independent stage,the criminal activity the fill procedure already not to have the existence essentially.But because difference solution mechanism in the suit procedure of illegal and the criminality in our country,as well as "sets up the line detection" the detection behavior to need the further standard,nowadays the police detection also needs to put on record through the criminal activity constraint, therefore, the criminal file as a procedural provisions still the necessary,but it should be reconstruction.Reconstruction of the criminal file system is not only the redesign, It must combined with the protection of human rights on the basis of the practice of demand. First, combined with the power of criminal file. That is,based mutual cooperation and restriction of public security organs, procurator,court complement each other,by strengthening supervision of the procuratorate's informed and supervision security right,the right to some of the cases investigative powers to ensure the supervision of the procuratorial. Granted the Court of criminal right Of relief to form one of the character of the proceedings as "triangular structure." endowed with provocator victim and other. litigants can make criminal judicial relief to court. Meanwhile, Redesign puts a case on file and begin investigations the stage constitution, takes the criminal activity of filling a criminal case brought into the criminal detection procedure, make the criminal detection stage interior the previa procedure existence. By rigorous design Puts on record the system through the rigorous design, insure Public security organs themselves that law enforcement has relative independence, reducing the party committees and governments improper interference, strengthen the right of internal investigation integration.Secondly, rigorous design file system, increased operability. Redesign structure of file, included in the criminal investigation of criminal procedure, criminal investigation stage as the internal front procedures exist,norms preliminary investigation formal investigation with the effective convergence. One important point is the purpose of the criminal proceedings, consideration from the value and objective, it should be make consistency of the standard file and supervision standards and seek consistency with the standards, according to the current judicial present situation, by the NPC Standing Committee should be authorized to specific judicial or legal according to law regulations for the development of a single unified provides specific standards, lay stress on restorative justice introduced in the division mechanism in criminal procedure accurately. At the same time, application of administrative and criminal different handling procedures should be strengthened on file criminal and administrative on the interface coordination.The final point that can not be overlooked that should strengthening propaganda education and take various ways to facilitate law enforcement, legal, law-abiding gradually changing the concept, the quality has been steadily improving. Only thus, it can make correct understanding and application of the criminal case-filing procedures.