The Balance Mechanism Of The Public Security’s Right To Criminal Investigation

Since the 18 th CPC National Congress, the proposal of “four comprehensive strategies” accelerates the pace of China’s socialist modernization construction. The strategic concept of “comprehensively forwarding the course of running state affairs by the law” opens a new epoch of our socialist legal construction with Chinese characteristics. At the same time, cases in which people were unjustly charged are exposed, including “Nie Shubin Case”, “Hujigeletu Case” and “Nian Bin Case”, which damage the good image of rule of law. All the cases with injustice are because of extorting confessions by torture, which are done by public security organs. Under the condition that China has set up the socialist legal system with Chinese characteristics, and the ideas of building a country ruled by law have been popular, the problems of abusing investigation authority presented by the public security organs are against the formation of the rule of law. They are even becoming the huge obstacles to the formation of the rule of law. Therefore, it is of great importance to effectively check the investigation authority of public security organs so as to ensure their proper exercise of power allowed by law, and to crack down on crimes. This paper is based on the analysis of relative concepts of criminal investigation power. The author regards the public security organs, which are the subjects of criminal investigation power, as the subject of study. Moreover, in this paper, the author focuses on screening and integrating the data concerning the criminal investigation power of public security organs, aiming to find out the problems of exercising public security organs’ criminal investigation power. With the help of references to the experience of exercising criminal investigation power in mainland, America and France, this paper aims to put forward solutions to reconstructing Chinese public security organs’ criminal investigation power.This paper is divided into four chapters:The first part is about the multidimensional definitions of criminal investigation power. Concept is the most basic element for research. Only after we make clear the specific concept, can we go on further research on problems. In academia and practical circles, scholars and experts have work out definitions of criminal investigation power. On analyzing the definitions of criminal investigation power given by those two circles, the author regards public security organs’ criminal investigation power as the subject of study, which should not only meet the requirements of the logic defining but also be with legitimacy. In addition, this paper makes an analysis of ownership of public security organs’ criminal investigation power. It is concluded that criminal investigation power is the combination of executive power and judicial power, which conforms to current situation of exercising powers. Owing to the factors, criminal investigation power is with the characteristics of expansion and enforceability. On the basis of analyzing basic problems above, the author concludes that they are the foundations of checking and balancing public security organs’ criminal investigation power.The second chapter is mainly empirical study of de-criterion phenomenon in public security organs’ criminal investigations. This chapter focuses on problems existing in public security organs’ criminal investigations. Moreover, the author analyzes the reasons of problems existing in public security organs’ criminal investigations with the help of relative dada concerning de-criterion phenomenon of public security organs’ criminal investigations. Meanwhile, from the perspective of procuratorial organ’s investigation and supervision, the author concludes and summarizes the demonstration dada concerning criminal investigation released by procuratorial organ. This can help us reveal de-criterion phenomenon in public security organs’ criminal investigations. Furthermore, the de-criterion phenomenon in public security organs’ criminal investigations is not just because of public security organ itself. As a legal supervision organ, the procuratorial organ has dereliction of duty or powerless supervision sometimes. Through the study on de-criterion phenomenon in public security organs’ criminal investigations, the author aims to find out the source of it. This part aims to make the foundation of putting forward feasible solutions.The third part is about the foreign investigations of criminal investigation balance mechanism. In today’s world of globalization, various communications between different areas are increasingly frequent. From the perspective of territory, the author introduces and concludes other countries’ contemporaneous criminal investigation balance mechanism, which is very important for the establishment and improvement of criminal investigation balance mechanism in China. Nowadays, mainland and Anglo-American law system are the mainstream culture, of which American and French law system is the representative. So it is necessary to make comparisons between similarities and differences of criminal investigation balance mechanism in America and France. This chapter makes introduction to current exercising situation of American and French criminal investigation power. In addition, the author summarizes the deployment of American and French criminal investigation power and its change. The distinctive feature of American and French criminal investigation power is that they regard the balance of rights and authority as the basic philosophy and perfect procedures as the foothold.by the means of discarding the dross and keeping the finer part of foreign countries’ experience, and imitate some superior idea and thought, this paper aims to put forward feasible approach to build criminal investigation balance mechanism conforming to Chinese national conditions.The last chapter is about reconstruction of public security organ’s criminal investigation balance mechanism. This part is the corner of the paper, and it’s the ultimate goal of studying de-criterion phenomenon in public security organs’ criminal investigations and the checking and balancing of it. Therefore, this part makes a summary of the first two chapters. It analyzes basic problems of criminal investigation power and problems came across in practical application. In addition, it talks about reconstruction of public security organ’s criminal investigation balance mechanism on the basis of investigating American and French methods of criminal investigation. By transforming old-fashioned ideas of public security organs, this paper talks about how to reform current performance assessment system to perfect interior balance mechanism under the background of deepening the government of the country with law. Meanwhile, external balance mechanism of criminal investigation should be emphasized. Firstly, we should strengthen supervision function of investigating and prosecuting apparatus. Through transforming original supervision power into other powers, the aim is to ensure the efficiency of investigation supervision. Secondly, the court has illegal evidence exclusion and criminal punishment power in criminal lawsuits. We should make use of it to balance public security organs’ criminal investigations. Lastly, apart from perfecting and optimizing authority of Public Security Bureau, the Procuratorate, and the Court, we should ensure the rights of the opposite side of criminal lawsuit procedures, which include the right to know, the right of getting relief and the right of getting assistance from the defense lawyers, etc. we use these rights to fight against state power that is too strong, aiming to guarantee the public security organs’ criminal investigation power is always exercised within the framework of the Constitution and laws.