Research On Allocation Of Criminal Judicial Powers

The judicial power is the right which is the independent power consistent with the legislative power and the administrative power as the differentiation of the social political civilization. The criminal judicial power is one of the judicial powers; it is the power which is used in the whole process of the criminal litigation, which included detective organizations, judicial organizations and the procurator organizations. So the criminal judicial power included detective power, procurator power and judge power.Rational allocation of judicial powers is a highly complex task. It involves material costs and crime Control, and we have to solve those problems, we should make a set of recommendations on how to rationally allocate judicial powers. In conducting criminal proceedings, the People's Courts, the People's Procuratorates and the public security organs shall divide responsibilities, coordinate their efforts and check each other to ensure the correct and effective enforcement of law.This paper discusses the present situation of our country's criminal judicial power allocation. And then analyzes the different influence between the Zhaozuohai case and the Shexianglin case. Then discusses the same problem according to those cases, and base on the existing problems, this paper gives the advise for the construction of our criminal judicial power. But we not only give the simple advise for the problems, but also distinguish the judge power and the detective power from the whole process of the criminal suit, and makes some new understanding on it. Base on this understanding and combine with the judicial status in our country, this paper discusses the construction of our criminal judicial power.