Public Security Organs Of Criminal Prosecution Supervision And Research

In China, it is the first statutory procedure in the criminal proceedings to place cases on file forinvestigation and prosecution. As the main force against crimes, the public security organs enjoy fullpower to make decisions on placing the majority of criminal cases on file. Therefore, it appearsparticularly important to supervise the public security organs in properly exercising responsibilitiesof the criminal case. However, there are some phenomena in the public security organs’ placing thecriminal cases on file in our country that some cases are not put on record, or solved before being puton record, or neither recorded nor solved, or put but not investigated and so on. The problems suchas the public security organs’ abusing the power and the procuratorial organs’ lacking supervision ontheir duties of putting criminal cases on record have aroused attentions and concerns from all aspectsof the society. Therefore, based on the illustration of the definition of criminal case supervision, thepaper makes an analysis of its present situation and dilemma in our public security organs, especiallyfrom a variety of all cases that I have experienced in person as a common investigator of the publicsecurity organs and other aspects such as lack of understanding of supervising the criminal cases, theexisting problems in the supervisors and the relationship between the public security organs and theprocuratorial organs to find the reasons and then makes suggestions on reforming and improving thesupervision system.This paper holds that it is the most effective mode to implement the combination of inside andoutside, multi-faceted three-dimensional oversight mechanisms, combined with the public securitywork. Self-supervision should be made inside of the public security organs and the paper illustratesthe feasibility of the effective self-supervision from the four aspects as follows: the operatingprocesses on criminal investigation; using the Quantitative Evaluation correctly; incorporating policesupervision system into the supervision of placing cases on file and setting up the platform ofenforcing the law and handling cases. On the side of external supervision,first of all, the paper showsthe measures of strengthening the supervision of the the procuratorial organs: one is to establish thespecialized supervisory organization of criminal cases; another is to establish the system ofsubmitting the cases on file and the mechanism of supervising the cases on file; and another is toperfect the mechanism of the early intervention of the procuratorial organs. In addition, the paperindicates that the measures of the cases on file known to the public is the improvement of thesupervisory measures for the accused as the criminal case supervisors; and Internet public opinionsupervision is an effective way for public security organs to supervise the criminal cases. Finally, thepaper holds that the criminal cases placed on file by the public security organs can be supervisedthree-dimensionally and multidirectionally by means of combining the platform of enforcing the lawand handling cases with the cases on file known to the public. It is just based on the practice done byBeijing Municipal Public Security Bureau that the paper discusses the feasibility of this kind ofsupervision.