The Feedback Mechanism Research Of The Criminal Case Clues

The criminal case clues is an important tool for the public to expose the crime and uselegal weapons to protect the social public’s legitimate rights and interests, but also animportant source of prosecutors investigating crimes committed. On the history, currentconditions, legislative reasons, resulting in many problems in the process of the case cluesfeedback, which is not conducive to play the role of feedback mechanisms in the fight againstcrime and the protection of human rights, but also reduces its influence on establishing theauthority of the judiciary. Based on this, the author conducts the relatively quite systematicresearch on the feedback mechanism of the criminal case clues, and proposes that ownshallow suggestion, and hopes that I can make my pygmy effort for the improvement of China’s criminal procedure system and raising the level of criminal justice.In addition to the introduction, the body is divided into four parts, about30,000words.The first part discusses the concept of the criminal case clues and the legislation, thejudicial practice survey of the feedback mechanism of the criminal case clues. Clues of thecriminal case refers to the general term of a variety of information materials that throughvarious channels the public security and judicial organs obtain suspected criminal behaviorsor the facts about the natural persons, legal persons and other organizations. It has broad,relevance, timeliness, the characteristics of uncertainty. Criminal Procedure Law only makethe principled stipulation about case clues from the acceptance, the transference, theexamination, the decision, the supervision five aspects, resulting in many problems in thefunctioning of the judiciary process, mainly including: First, the management does not arrive,leading to poor feedback; Second, does not supervise ineffectively, existing in name only;Third, the relief way is insufficient, easily initiating appeals for help.The second part discusses the value of the feedback mechanism of the criminal caseclues. On the judicial fair, it enables the democratic right to know, to participate, to supervisewhose the citizen enjoys to obtain carried out. On the judicial efficiency, it enables to reducethe invalid use of judicial resources and the overall cost of administration of justice, save theresources of the community. On the judicial order, it enables to advance the process ofcriminal proceedings through an efficient manner. On the assurance of human rights, itenables to properly protect both the parties’ legitimate rights and interests which the clue involves.The third part discusses the feasibility of building the feedback mechanism of thecriminal case clues. In the material base, the economic growth and the funds reform haveguaranteed the sufficient sources of fund, the public security Judicial organ has had thecorresponding department establishment, the network science and technology developmenthas brought the convenient communication way. In the psychological demand, the feedbackmechanism of the criminal case clues ingeniously docks people’s lawsuit demand and thework requirement of the investigators. What they need, complement each other. What theyneed, complement each other. Legislative and judicial practice in Germany and Japan hasaccumulated a wealth of experience in establishing and improving the feedback mechanism ofthe criminal case clues.The fourth part discusses the problems for the feedback mechanism of the criminal caseclues, and proposes the corresponsive suggestions. Including: improving the managementmechanism of the criminal case clues, establishing the filing system of the criminal case clues,establishing review mechanism of the criminal case clues, establishing the reconsiderationreview system of the informant’s. The specific measures are: establishing a comprehensiveclues management database, giving full play the coordinating role of the inspection andsupervision departments, and adjusting the governing body of the case clues. Public securityorgan shall create regularly a file on the criminal case activities in writing to the procuratorialorgans, procuratorial organs can be understanding to the public security organs’ case activities,access to files, and have the right to make set-up or withdrawn decision. After preliminaryinvestigation, all signed, anonymous clues are included in the scope of the review in additionto informants, determining the verification standard, norming operating procedures, limitingverification time, manufacturing monthly the "Feedback Detailed list" to send the inspectiondepartment, and putting the files archived in a timely manner to the preliminary investigation.Specific provisions in the relevant judicial interpretations are made about the procedure of thereconsideration review system of the informant’ s.