The Effect Of Power Modality Among Public Secuirty Procuartorate And The Coutr To The Procedural Relief Of Accused

The135th article of the Constitution of our country stipulates:"in order to ensurethe correct and effective enforcement of the law, the people’s court, the people’sprocuratorate and the public security organization shall be responsible for the divisionof labor, cooperate with each other and condition each other when handling criminalcases." The criminal procedure of our country is based on the constitutionalprinciples of criminal procedure that is division of labor with restriction principle.This principle has indeed played a huge role in the process of criminal judicialpractice of our country, and achieved the goal of rapidly and effectively combatingand punishing criminal and maintenance the social order. But in recent years, somerepresentative cases appeared, such as the national Zhao Zuohai case, the SheXianglin case and so on, which exposed the problems in the process of criminaljudicial, and the procedural rights of the accused are under threat and damage, whichcaused the public attention and query.Under the guidance of the Division of labor with restriction principle, the poweroperation of law enforcement agency formed a pipeline. Although this mode ishelpful for fighting the crime, the accused are pushed to the weak position when boththe prosecuting party and justice party are committed to this goal. The court also cannot be in a neutral position, and will override the defendant with the publicprosecution. The accused is faced with strong public power threat. First, this paperwill explain the relationship between state power and individual rights by presentingthe three typical cases, then analysis the formation background and reason of ourcountry criminal prosecution power relationship. Next, it will analysis the powerallocation and operation situation of the three organs in the process of criminalprocedure with these typical cases as the breakthrough point and also combines withthe actual situation of our country judicial field. And then it will find out theproblems and reasons brought by Division of labor with restriction principle, and theinfluence factors in the actual operation. Finally, by comparing with some scientificand reasonable foreign theories and practice, and also combining our country＇scondition and reality, the author will think over on our country’s criminal procedurepower configuration mode and put forward some suggestions. Better implementation of criminal procedure is conducive to the protection of individual rights andrealization of the constitutional spirit.