The Investigation Power Optimized Allocation Of Public Security Organ In The Vision Of The New Criminal Procedure Law

The investigation power and citizens’ basic rights and interests are closely related. There has been long discussion on the extension and restriction of investigation power exerted by public security organ,the significant department in investigation. The year 2012 has seen a major modification on China’s Criminal Procedure Law and relocation of the public security indictment. The 1-year exertion of New Criminal Procedure Law has present new requirement on public security indictment, as well as new challenge and opportunity. This paper,based on New Criminal Procedure Law,will cover the following aspects: the definition of investigation power of public security organ,a contrastive study on the extension and restriction of the power,the development of investigation power configuration of public security organ. Our aim is to guarantee the human rights and boost the advance of the law, so as to contribute to the reform of the judicial system.The first part is to define the Investigation power configuration of public security organ. Then we will refer to the judicial value by discussing how to balance the following three aspects: efficiency and justice, substantive truth and justice of procedure, and punishment of crimes and guarantee of human rights. Based on the above value, we will analyze the concept of the investigation power configuration of public security organ, the significance and way of the configuration. The second part is a contrastive research on the extension and restriction of the investigation power configuration of public security organ, from the view of the New Criminal Procedure Law. For the extension,we include the technical investigation and secret investigation into power of investigation system,so that the criminal evidence system is complete,but moderately broaden the coercive measures. For the restriction, we discuss the exclusionary rule, as well as specify the investigative interrogation, delegation right of defense and criminal right of relief in investigation. The third part, with consideration of modulation of extension and restriction of investigation power in New Criminal Procedure Law, takes deep thought on the extension and restriction in the setting of “advance the law and guarantee the human right”. We also discuss about how to adjust and how to achieve a dynamic balance of the two. The fourth part, following the previous discussion and analysis, taking consideration of the circumstance of the exertion of New Criminal Procedure Law, discusses on how to perfect the investigation power configuration of public security organ in China’s criminal judicial system from the standard establishment, subject self reform and the perfection of supervision mechanism of the investigation power configuration of public security organ.