The Public Security Organs Avoidance Research As A Whole

At present, the object of criminal challenge system is the person that handles the case in our country, without requiring the whole evasion of the case handling organ. The public security organs in China have powerful functions and powers of the infringement of citizens’ legal rights extremely easily, sometimes, even if the investigators or person in charge of public security organs according to law to avoid, is still difficult to ensure that other investigators has already avoid the potential impact. The whole challenge of public security organs is not only can ensure the judicial fairness of the investigation activities, ensure investigators from into dilemma, but also maintain the environment for law enforcement and law enforcement authority of the public security organs.The public security organs need to undertake investigation task in the vast majority of criminal cases, criminal cases by the criminal jurisdiction of the public security organs is economic and timely discovery of evidence, capture the suspect. Because of the high crime rate, it is difficult to balance the fight against crime and the protection of human rights. By the off-site public security organs in case detection may increase the cost of justice, and not conducive to the timely collection of evidence. Therefore, there is no relevant provision of whole challenge of public security organ in our current law. But, with the enhancement of citizens’ legal consciousness, procedural justice and protect human rights more and more attention, the voice called for establish the whole challenge system of public security organs have appeared in judicial practice and academia.It is necessary to establish the whole challenge system of public security organs for protecting the legal rights of citizens and enhancing citizens’sense of trust of the public security organs and ensuring the judicial fairness of the investigation activities. Although our country’s current criminal challenge system is just a kind of individual challenge system, but the whole challenge system of public security organs is a natural logical result of individual challenge system, is natural extension of criminal challenge system, and it also have the relevant precedent in the judicial practice. It is increases relevant provision of off-site investigation in the new "Criminal Procedural Law", which providing the legal reference for the whole challenge system of public security organs. The development of transportation, communication and information technology overcomes the regional difficulties of the off-site investigation, which providing material foundation for the whole challenge system of public security organs. So the whole challenge system of public security organs is feasible.Investigate the foreign criminal challenge system, jurisdiction system, indictment judicial control system, although foreign law rarely provides investigators as avoid object, but by giving the parties the right to raise an objection of jurisdiction, compulsory measures relief rights, and the indictment of judicial control strictly efficient solve the whole challenge of investigation organ.Parties have no the right to raise an objection of jurisdiction in China, and our country has no conditions to establish a strict indictment judicial control system, combining with China’s specific national conditions, establish the whole challenge system of public security organs will be able to effectively ensure the judicial fairness of the investigation activities. When the public security organ or its staffs are performing official duties and has a stake in the case, the main leadership of the public security organ or their close relatives is a party to the case or has a stake in the case, the public security organ should avoid whole, exit investigation activities of the case to ensure the impartiality of the investigation procedure.