| So far in our legal system, whether statutes or judicial interpretations, have rarelydealt with case separation. The only guidance the police look to is their ownexperience. Therefore, this paper will start from defining the concept of caseseparation as the basis for further discussion. With regard to the traits that caseseparation embodies, statistics suggest that relatively extensive applications are withincertain types of crimes and the tendency to a proportionately high application is stillon the rise. In addition, what’s followed after case separation is also complex.Reasons exist as to the wide application of the case separation. It meets the realneeds of the law enforcement: efficiency, judicial economy, high closure rate, and alsoof benefit to the protection of defendants’ right. However, without regulatory andadministrative check and supervision, this practice is problematic in action. Lawperversions and corruptions constantly arise, which will betray the trust of the publicupon the judiciary and pose threats to the social stability.The elimination of these problems in case separation requires overhauling thedisposition of power between the procuratorate and the police since currently thepower of the police is overwhelming and without restraint. Meanwhile, we aremindful of the impracticality of power reset through the amendment of the CriminalProcedure Code and unfitness of laying out the technicalities in the statutes. Theministries and commissions are in a better position to make regulations on the detailsof the case separation without institutional obstruction. Of course the law enforcementhas innovated ways that to some extent formalize the operation, such as thoseintensive special actions, which indeed clear up a backlog of improper and illegalseparated cases that accumulated within a certain geographical dimension and timeperiod. Nevertheless, without definite legal rules, prolonged stability is beyond reachby simply relying on those special actions. Therefore, it is a must to establishstandardized rules governing case separation.Under our Constitution, the procuratorate is authorized to supervise the lawenforcement, that is, the police. However, the supervision is rendered unfeasible dueto the information asymmetry, time lag and the weak force. Therefore, it is necessaryfor the procuratorate to, on one hand, establish internal information system under which departments and offices cooperate to broaden the information channels; on theother hand, strengthen communication with the police but being cautious not be takenadvantage of by the supervisee. In short, we need to find a supervisory method that issuitable for us. Today, we are glad to see that the platform of information sharing, thecase registration tracking system, and the clarification have produced a positiveimpact on the supervision of the case separation.The supervision on the operation of case separation could not only rely on theprocuratorate, but also on the society. Corruption is best avoided under sunshine.Through the press report of illegal exercise of the power to the public, the reformtowards the rule of law is accelerated. Finally, in cases where there are victims, it shallinclude the victims in the process and listen to their opinion so that social conflicts aretimely settled. |
