Public Security Organs Of Executive Power And Criminal Jurisdiction Boundary Points Instance

The public security organ is an important executive in China, holds administrativepower widely, and is gave the right of criminal justice in the law.The design of systemfor the two kinds of powers is very different, if the public security organ to exercise theadministrative power is illegal that can bring an administrative lawsuit, if exerciseillegal criminal jurisdiction is not subject to judicial check.However,in practice,the twopowers have many similarities,scholar is not consolidate to distinguish whether thepublic security organs perform administrative power or criminal judicial power,it is alsodifficult to judge only on the basis of a standard.Distinguish two kinds of functions ofthe standard is not clear lead to two kinds of powers exists confusion.This confusion hasbrought great harm. In this paper, through the understanding of the public securityadministrative authority and the criminal responsibilities, analysis two confusion bringharms.the paper research take comprehensive judgment method for distinguishing thepublic security organs of administrative power and criminal judicial power, trying tofind the standards to distinguish the more reasonable and practical, protecting thelegitimate rights and interests of citizens.