Research On The Police Station's Office In The Procuratorate

With the acceleration of the rule of law,the party and the people put forward higher requirements for the public security organs' criminal law enforcement and case handling.As the grass-roots organization of public security organs,police stations are the most advanced and the main law enforcement bodies.Because there are the constraints of a large number of cases,police configuration is not reasonable,the concept of law enforcement and investigation means are backward,performance appraisal attaches importance to quantity but quality and other factors,there are still problems for lack of awareness,and the investigation is not high and the level of law enforcement capability is not strong,all kinds of violations,and illegal situation still exist.As the state legal supervision organ,procuratorate should carry out comprehensive and thorough supervision of the criminal investigation activities from public security police stations.But in practice,some of the grass-roots procuratorates still stay in the state with "traditional way”to complete the"traditional work",confined to the supervision of the arrest process,with less forward extension and backward expansion.Therefore,it is urgent to explore,establish and perfect the supervision mechanism of the procuratorial organs to the public security police stations.In accordance with the deployment of the Supreme People's Procuratorate,after more than two years of pilot work,the pilot's procuratorate tries to attempt,supervision mode with distinctive characteristics is formed.The author believes that,compared with the investigation supervision mode in the county(district)Public Security Bureau,town street(community)procuratorial office mode,supervision department mode for special litigation,supervision mode of personnel,supervision and prosecution office model of criminal investigation activities in the police station(hereinafter referred to as the procurator's office of police station)can make up the system vacancy in the procuratorial organs.Under the premise of full implementation of personnel,funds and external environment,it can effectively improve the level of grass-roots law enforcement,and it is conducive to the comprehensive and effective supervision of police stations,and more likely to reflect the actual effect of supervision,and is one of the most effective ways to achieve the sinking of the force.The establishment of supervision office of police station can deepen the system reform and perfect the procuratorial base structure,enhance grassroots procuratorial supervision ability,improve the law enforcement of base level,restrict the police investigation power,broaden the legal supervision field for procuratorial organs and improve the effect of legal supervision and maintain harmony and stability at the grassroots level,which is full of necessity.At the same time,whether it is analyzed from the legal basis,theoretical basis,or from the results of the pilot,the establishment of the procuratorial office of police station is fully feasible,it can be tried and promoted in practice.Taking procuratorate pilot work from Guangxi District as an example,the model of procuratorate office in police station have achieved some results in the initial pilot,mainly manifested as:enhance the effectiveness of procuratorial supervision,improve the overall quality of case handling,promote grassroots fair law enforcement,strengthen the consciousness and initiative for supervision and accepting the supervision,improve the people's a sense of security and satisfaction.At present,in the scope of procuratorate from Guangxi District,the purpose of supervision,the principle of supervision and the scope of supervision are preliminarily unified.For the perfection of the mechanism and the methods of the flow,they shall formulate and implement in accordance with the local conditions.The pilot procuratorates,through their respective summaries and learning from each other,have reached a certain level of consensus and as the basis for gradually expanding the pilot program.Although the procuratorial office of police station in the early pilot period has accumulated some experience,it still fails to achieve the desired results.Especially in the expansion of the pilot work in the process,obstacles and difficulties in different degree are encountered,mainly because the legal basis in the procuratorial office of police station is not sufficient,function positioning is not clear,grassroots procuratorial personnel's ideological understanding is not in place,supervision and implementation of business are not implemented,the safeguard measures of procuratorial organ are not in place,the specific work model is not uniformed,and some areas are eager to expand the scope of the pilot and other reasons.How to build a procuratorial office in the police station,so that the work can be widely promoted,and in long-term effective operation,which will inevitably become an important research direction and focus of the work for the procuratorial organs in the future.By summing up the valuable experience of the pilot procuratorates in Guangxi,the author believes that we can step by step and gradually improve the institution construction,mechanism formulation and legal support.It can specifically be divided into the following steps:first,through the practice,summarize the construction principle,function orientation,personnel training,financial protection,preparation matching and so on,in order to ensure the effective operation of the procuratorial office of the police station.Second,in the region,even in the country,establish a perfect and unified supervision mechanism and process,from top to bottom,to solve the problem that they are not willing to supervise,dare not supervise,are not good at supervision,can not supervise.Third,the work from procuratorial office of the police station is included in the performance appraisal of the procuratorial organs as the reference basis for the public security organs and investigators to promote the procuratorate to actively carry out and cooperate with the police station.Fourth,amend and perfect the existing laws,so as to fulfill the legal status of the procuratorial office of the police station,and finally form a grass-roots judicial operation system with mutual supervision and supervision by the public,inspection and law.At the same time,the procuratorial organs should be given with the right of disciplinary authority and punishment to safeguard the supervision measures of procuratorial organs in the police station,and achieve the implementation of the public security organs.