Comment On The Allocation Of Criminal Investigation Power

One of the main goals of the power of investigation exercise lies in the accurately andtimely discover and identify the facts of the crime. Facing the increasingly serious crimesituation, how to guarantee the efficiency of the exercise of the investigative power on thebasis of the legitimacy of the operation of the investigative power is worthy of our in-depththinking. As the total amount of investigative resources is limited, optimize the allocation ofthe existing investigative resources is a reasonable path to achieve the goals. Therefore, thisarticle based on the analysis of the underlying theory of the allocation of the investigativepower, described the configuration of the status quo of the investigative power and theproblems, and put forward recommendations to optimize the allocation of the investigativepower.In addition to the introduction, the body of the article is divided into three parts, for atotal of thirty-seven thousand words.The first part mainly analysis the concept of the configuration of the investigative power,the factors to be considered and the objectives to be achieved. The configuration of the powerof investigative should include the connotation of configuration of the power of investigation,the allocation of power of investigation between different organs and within the same organ.The connotation configuration of the power of investigation means the size of the subject ofinvestigation should be configured in the investigation organs. Configuration of the power ofinvestigation in different investigative organs, mainly refers to the allocation between thepublic security organs, procuratorial organs, state security organs, etc. And the power ofinvestigation that distribute within the same investigative organ, related to the distribution ofpower of investigation in different functional departments within the same system.Configuration of the investigation right, we should consider the characteristics of the power ofinvestigation, the detection capability of the investigating authorities, the tradition ofinvestigation and the criminal justice system, and the purpose of the investigative power.There are two objectives to be achieved by the configuration of the power of investigation: theefficient operation of the power of investigation and the legitimacy of the operation of thepower of investigation.The second part mainly analysis the current situation and existing problems of the configuration of the investigative power in our country. In terms of the connotation ofconfiguration on the power of investigation， the investigative powers have twotendencies:"large" and "small". The so-called investigative privileges "large", refers to thealmost unfettered discretion of the investigative power, and "small" means the application ofspecial investigative measures in our legislation does not make clear and specific provisions.The reason why the special investigative measures have not included in our country for boththe legislature and the factors, and investigation organs and public factors. The lack of asystem of special investigative measures is not conducive to effectively combat crime, andeasily led to extrajudicial means breeding, and is not conducive to the protection of citizens’legitimate rights. As far as the power of investigation in the configuration between China ’spublic security and procuratorial organs, The public security organ is the most importantinvestigative organ, And the public security organ’s detection and the procuratorial agency’sappeal activity is mutually independent. Not only this will create the detection and the appealengagement is impeded, will also affect to the crime investigates. Also will make it difficultfor the detection to receive restriction, and will affect the case’s quality. In the public securityorgan, there are four apartments that could carry out investigation: the professional criminalinvestigation department, the public security management department, the local police stationand the detention house. This distribution situation would scatter the investigation power andcould not form a cohesive force. In addition, if the local police station bearing too muchinvestigative task,it would be difficult to guarantee the quality of the cases. And it would be agreat threat to the legal rights of the criminal suspect if the detention house could use theinvestigative power. In our procuratorial organs, the investigative power is also be distributedto several different departments. And this distribution situation could not meet the needs ofthe investigative activities, and would also waste the limited investigative resources.The third part gives some reasonable proposals about the optimal allocation of theinvestigative power. In view of our country’s special investigative measure system flaw, anspecial investigative system should be constructed. Determination the case scope which thespacial investigative measure could be applied, the type of the special investigative measures,the explicit procedure, the effectiveness of the power and the relief program. For theconfiguration of the investigative power in the public security organs and procuratorial organs,the system of unification of the police and procuratorate is not feasible in our country. And thesystem of "prosecution guiding investigation" is a reasonable path to realize the optimal allocation of the investigative power. Moreover, the investigative power should be integratedin the public security organs, make clear that the local police station only bear the task of theinvestigation of minor criminal cases. And the detention house no longer undertakes thedetection function. And the investigative power should be confined to one department in theprocuratorial agency to improve the investigative level.