Researcvh On The Difficult Problems Of Public Security Organs For Minor Injuries

Light injury criminal case belongs to the category of intentional injury crime,there are more cases of light injury,the basic police station of public security organs has become the main force in investigating light injury cases.Due to the gradual improvement of the legal quality of the parties and other reasons,in the investigation stage,there are many difficult problems that can not be solved by current laws and judicial interpretations.Through the discussion of the article,the difficult problems in the investigation stage are pointed out,and according to the experience of handling cases,some solutions are put forward,it is expected that the competent authority will issue normative legal documents,guide frontline staff to standardize handling cases.Part one: Summary.This paper defines the concept of light injury cases,and based on the case of Zoucheng Public Security Bureau in Shandong Province in recent five years,the realistic characteristics of minor injury cases are analyzed,the disposal methods of investigating minor injury cases in China's public security organs are listed.Second part: The difficult problems in the collection of evidence are analyzed.The difficult problems in forensic identification and oral evidence are pointed out,it is proposed to overcome the abuse of the parties' rights by perfecting the procedure of re appraisal,the public security organs can make their identification of injury also proposed solutions.That is,as long as there is no flaw in the medicolegal expertise certificate made by the public security organ,it shall not be put forward for further identification.Even after the subsequent prosecution and trial stage,the forensic examination started again,It is suggested to set up a forensic arbitration institution to determine which forensic evidence is the final verdict.The problem of evidence and witness not to testify in the collection of verbal evidence,propose to amend the law to encourage the truthful statement of the case,measures to crack down on false statements,it is suggested that the party's case statement be included in the integrity evaluation system.Third part: The difficult handling of cases caused by improper application ofcompulsory measures by investigators.This paper puts forward some improper measures in the investigation stage to apply detention measures to cases that haven't been settled,it is suggested that the compulsory measures of bail pending trial should be given priority after mediation is fruitless.The public security organs abuse the right of detention,the number of arrests affects the handling of minor injury cases.It is suggested to introduce normative documents and list the circumstances that the minor injury cases can not be applied to detention measures,and apply to the procuratorial organs for electronic filing before the detention,increase the applicable procuratorial supervision channels for detention.Fourth part: The knotty problems in the settlement work.To find out the problems of lack of Mantianyaojia gold instruction standard compensation settlement,still needs to be transferred to trial after conciliation,after settlement,the disposal of Estoppel and other difficult issues.The article suggests that the guiding standard of compensation should be introduced in the settlement phase,The cases that have been settled in the investigation stage are assigned to the public security organs to end the cases of "not handing over the right to review and prosecute".In addition to the existence of coercion,fraud and other circumstances in reconciliation,In addition to the existence of coercion,fraud and other circumstances in reconciliation,it is suggested that the case investigation procedure should not be restarted.Fifth part: epilogue.Review the writing process,summarize thesis view,hope for further research on light injury cases in the future.