Research On The Criminal Justice System In Public Emergency

In China.Disaster, social security and other emergencies occur frequently, it caused huge losses to the social public life and property, and became the major obstacles of building a harmonious society. Especially the mass incidents occurred one after another,lead to social unrest and also affected the judicial authority. While we always attaches great importance to strengthen the administrative legislation in our country,emergency response system have taken shape.but in the criminal law,Especially regulations about the criminal procedural law on emergency are relatively fragmented,and the academic research in this area is almost blank.and How to strengthen the prevention and reply of emergencies from the Angle of criminal justice become a difficult problem. Therefore, this article from the relation perspective of criminal justice and administrative to make cross-sectional study, to explore the feasibility and the corresponding specific measures of establishment of criminal justice in the emergency response mechanism.This paper is divided into three parts.The first part introduces the concept and classification of the emergency,on these basis, introduce the administrative and criminal justice mechanism in emergency response. First, pointed out the priority and the disadvantage of the administrative mechanism.Second, analysis the function about the criminal justice mechanisms.Finally, note the linkage between the administrative mechanism and the criminal justice mechanisms.The second part analyzed the theoretical basis of the criminal justice mechanism in establishment of emergency response.On one hand,analyzed the necessity of the criminal justice mechanism in establishment of emergency response. Including (one):establish the criminal justice mechanism is the request of the value of criminal procedure law justice, order and efficiency etc;(three):establish the criminal justice mechanism is the request of reductions and the human rights protection of human rights under emergency.On the other hand from the feasibility analyses, including the feasibility analyses about present legislation, points out that discretionary power of judicial authority and the relevant provisions of the criminal law supply the the feasibility in law; points out the feasibility in judicial practice, points out judiciary practice experience, and social supply the the feasibility in judicial practice. The third part discussed the construction of the criminal justice system in emergency response. On the basis of basic principle about criminal justice mechanism,points out that the construction of the criminal justice system mainly divided into the prevention mechanism, and the response mechanism. On the prevention mechanism, propose the emergency plan in the criminal justice system, establish special Criminal justice emergencies contingency plan, perfect response rang about Criminal incidents. Pay attention to the usual training, form an integral force. On the response mechanism part, first, point out investigation organ in the criminal response mechanism in response to emergencies. Including perfect the emergency risk assessment system, improve the execution of function transformation; second, point out prosecutors in the criminal response mechanism in response to emergencies.including deepen the openness of procuratorial work strength the open argument, establish the proportion principle in the criminal proceedings; In the end, point out the judicial apparatus in the criminal response mechanism in response to emergencies.including perfect the criminal jury system, introduce the emergency Criminal Court education,criminal policy of combining punishment with leniency,and the protection of New criminal procedure law.