Challenges Facing Police After The Criminal Procedure Law And Its Response

The adjustments and reforms on guiding ideology, task principles, system andprocedures of The Revised Code of Criminal Procedure (Here after "The RevisedCode") have brought a great challenge to the traditional concept of law enforcementand case-handling mode of the public security organs. In terms of fighting againstcrimes, The Revised Code added new provision of secret investigation, technicalinvestigation, regulating assigned residence residential surveillance to enhance thepublic security organs’ ability in the prosecution of criminal. In terms of human rightsprotection, The Revised Code improves the defense system, the evidence system, andregulates the use of coercive measures to strengthen the protection of the rights of thedefendants. Public security organs could face those challenges in the following aspect.In the concept of the proceedings, traditional concept of "More attention on crackingdown criminals but little attention to protecting the criminals" should be changed into"Paying equal attention to punishing the criminals and protecting the criminals".The investigation model should now be "evidence-centered" rather than the traditional"confession centered". The investigation skill should now rely on wider applicationof the scientific and technological means more than traditional investigation models.The modification of the Code of Criminal Procedure improves the existing laws froma legislative point of view, also brings a great significance to standardize the publicsecurity organs’ law enforcement construction. But meanwhile, difficulties andpractical problems do emerge during the implementation process, such as: fund andtechnology support needed, more interrogation rooms in detention center and moreinterview rooms need to be planned and constructed.With some representative cases such as "hide and seek case" and "Zhao Zuohaicase" exposed by media recently, public security organs’ inappropriate actions such asextended detention, illegal surveillance, torture during reconnaissance stage incriminal proceedings have been continued to exposed to the public. In order toimprove the credibility of the public security organs, Ministry of Public Securitystarted to implement standardization construction of law enforcement since2009. Theimplementation of The Revised Code provides a strong support to the standardizationconstruction of law enforcement. All the crews within the public security system takethe initiative to learn the additional new provisions of The Revised Code. But somepolice also think relevant provisions limit their own enforcement actions, and are too restrictive. Regarding the series of challenges and practical problems the Publicsecurity organs face after introduction of The Revised Code, the author collected lotsof materials, cases and conducted field research to the local police station. During thefield research, the author listened to the views and opinions of polices about TheRevised Code and collecting original materials of the status of The Revised Code’simplementation in the public security organs. The author then combined fieldresearch work output and the materials collected with public security organs’ lawenforcement standardization reform&construction. Some advices and suggestions onhow Public security organs deal with the challenges and problems brought by TheRevised Code will be given by the author.