The Report Of The Public Security Bureau To Change The Mandatory Measures After The Arrest Procedure

The data material of The Public Security Bureau of Wenchuan County to change the mandatory measures after the suspects being arrested is as the basis of the report,and the basic situations of changing the mandatory measures after the arrest procedures are as the subject of the report, all of these are to investigate the status of the public security organs to change the mandatory measures after the suspects being arrested, to understand the problems, to explain the reasons for these problems and put forward countermeasures and suggestions to the problems properly.The idea of the report is: Firstly, to collect the data table of the public security organs to change the mandatory measures after the suspects being arrested in the past five years in Procuratorate. Secondly, to understand the present situations by the way of studying the data table and the specific circumstances of the case . Thirdly, to examine the problems from the specific datas. Fourthly, to explain reasons from these problems. And at last,to put forward my own countermeasures properly by reading the related excellent topics and articles and studying the relevant literature.In addition to the introduction of this report, the text is divided into three parts.The first part is the present situation of the public security organs to change the mandatory measures after the suspects being arrested and prosecutorial supervision. This part is divided into two small parts, the first small part is the present situation of the public security organs to change the mandatory measures after the arrest procedures,including five aspects: the first one is the basic condition of the change of mandatory measures,which introduces the basic situation of Wenchuan County Public Security Bureau changing the mandatory measures after the suspects being arrested between the five years from 2006 to 2010; the second is the reasons of changing the mandatory measures,by the way of studing the list of analysis to get the reason for the change; and the third is what we do with changing the mandatory measures after the suspects being arrested, and introducing the proportion of cases between withdrawing a case and taking proceedings after changing the cases ; and the fourth is the types of cases of changing the mandatory measures after the suspects being arrested, by means of comparing the types of cases of approval of arrest by the procuratorial authority with the public security organs to change the mandatory measures after the suspects being arrested in five years,and then obtaining the main types of changing the cases; Five is the proceedings of changing the mandatory measures after arrest procedures,by the way of studying the analysis of the data on the overall table,to find out the problems of the public security organs to change the mandatory measures after the arrest procedures, the main problem is that the subject of changing the mandatory measures is single, and there are some cases that the public security does not notify the People's Procuratorate after arrest procedures. The second small part is the status quo of the prosecutorial supervision . By law the procuratorial authority has the power of supervision, but in reality the current situation is that the procuratorial authority haven't supervised the public security organs of changing the mandatory measures after the arrest procedures effectively.The second part is to analyse the problems and reasons of the public security organs to change the mandatory measures after the arrest procedures. Divided into two smaller parts, the first small part is the problems of the public security organs to change the mandatory measures after the arrest procedures. Four aspects of this small part to write: First is the potential hazards of changing the mandatory measures after the arrest procedures,the main is that it harms the credibility of justice, creates the corruption and damages the dignity of law; the second is dealing with the problems of changing cases after the arrest procedures, the main ones are that these problems influence the judicial process artificially, reduce judicial efficiency, waste judicial resources , can not protect human rights and combat crime effectively; Third is the problems of changing the mandatory measures after the arrest procedures , the main is that whether the public security organs should notice the People's Procuratorate when they change the mandatory measures after the arrest procedures , how to notify the Procuratorate, and the time within which to notify the People's Procuratorate and other procedural issues; The fourth is that the subject of changing mandatory measures after the arrest procedures is single,all subjects are the public security organs. The second part is the reasons of the public security organs changing the mandatory measures after the arrest procedures. Mainly the law is imperfect, investigators thought a problem in handling cases, the law which provides for the practical reason can not adapt to social changes.The third part is to propose countermeasures to improve the public security organ to change the mandatory measures after the suspects being arrested.This part includes six areas: Firstly, to establish the hearing procedures of the change of mandatory measures ,aiming at strengthening the communications between the suspects and their lawyers and the public security organs; Secondly, to adjust the configuration of the power of changing, the main change is that the procuratorial authority is the examiner of the mandatory measures, setting strict processing time and the contents that the public security organs should notice the procuratorial authority after changing the mandatory measures , and to regulate the documents of the change of mandatory measures ; The third is to modify the applicant of the change of mandatory measures, and make the victim become involved in the main body; Fourthly,to modify the reasons for the change of mandatory measures, according to the criminal status of reconciliation for the suspect to take care of the elderly, care of minors, pleaded guilty a good attitude because of social changes such as mandatory measures to protect by changing the normal conduct of criminal proceedings, there is no social harm ; The fifth is to strengthen the rule of law on the concept of judicial staff education, and establish the presumption of innocence, the idea of procedural justice; The sixth is to strengthen the legal supervision of the public security organ to change the mandatory measures after the arrest procedures ,and to ensure the effective implementation of supervision of the procuratorial authority.