Research On The Case Handling Responsibility System Of Chinese Core Investigators

The responsibility system of core investigators to handle cases is the core of the core investigators system,but also the central government in order to comprehensively deepen the reform of the judicial responsibility system to form a " core investigators-chief prosecutor-presiding judge" of criminal litigation responsibility system of a key part.Due to the special characteristics of investigation work,the reform of the system of the responsibility of the core investigators for handling cases in judicial practice is obviously lagging behind that of the chief prosecutor and the presiding judge,and has not yet formed an experience that can be replicated and promoted in the country.In the study of the responsibility system of core investigators to handle cases,we should follow the principle of unity of power,responsibility and benefit,and start from the core content of the responsibility system of core investigators to identify the problems in the reform and propose measures to solve them.This paper is divided into four sections,in addition to an introduction and a conclusion.The first part is an overview of the core investigators’ s responsibility for handling cases.China’s reform of the responsibility system for core investigators to handle cases has gone through two periods of local pilot exploration and central coordination and promotion,the current reform operates under the central unified design,forming a good institutional environment for the implementation of the responsibility system for core investigators to handle cases.In addition,from the perspective of investigative power and investigative responsibility with judicial attributes,the concept of the responsibility system of core investigators to handle cases in China should be interpreted in a broad sense,that is,the responsibility system of core investigators to handle cases is an important part of the reform of the judicial accountability system,and its core content contains three aspects of the mechanism for the operation of the power of core investigators,the mechanism for accountability procedures and the incentive guarantee mechanism.The second part examines the current situation and problems of the responsibility system of core investigators to handle cases.At present,the legal basis for the implementation of the responsibility system of core investigators to handle cases is the "Procedural Provisions for Handling Criminal Cases by Public Security Organs" and the "Provisions for Investigation of Liability for Errors in Law Enforcement by People’s Police of Public Security Organs".After sorting out these two legal bases and the current situation of the authority operation,responsibility investigation and incentive mechanism of the core investigators in the pilot areas,we found that the following problems exist in the current implementation of the responsibility system of core investigators to handle cases in China: lack of legal regulation to protect the authority operation,the essence of the section system approval process has not changed,unreasonable design of the procedure of responsibility investigation,unreasonable assessment system,etc.In order to promote the reform of the responsibility system of core investigators to handle cases,we should improve the relevant system as soon as possible.The third part analyzes the theoretical basis and constraints for deepening the reform of the responsibility system of core investigators to handle cases.The reform of the core investigators case responsibility system is an important part of the reform of the judicial responsibility system,which should follow the rules of judicial activities,reflect the requirements of unity of power and responsibility,power constraints,openness and fairness,and respect for procedures,and should carry out the theory of police self-determination,the principle of balance between power and responsibility and incentives,and the principle of justice first and efficiency at all times in the reform to realize the value of justice.Moreover,even with advanced theoretical support,there are inevitable constraints to reform.First,the central government’s policy of preventing wrongful cases has made it difficult to implement the system of lifetime responsibility for wrongful cases,and alternative measures need to be designed;second,the administrative management model of public security organs has led to the phenomenon of "big pot of rice",which is manifested in the unwillingness of investigators to take responsibility and the reluctance of heads of public security organs to give authority to core investigators.Finally,the responsibility system of core investigators to handle cases is an elite management model,but in practice,the uneven quality of investigators also hinders the reform process.The fourth part puts forward the improvement suggestions to deepen the reform of the responsibility system of core investigators to handle cases.First of all,the reform of the responsibility system of core investigators to handle cases should be scientifically designed to include both the legal investigative power and the power to manage investigative resources,as well as to appropriately amend the “Procedural Provisions for Handling Criminal Cases by Public Security Organs”.Only in this way can the independence and authority of the core investigators be guaranteed.Secondly,in terms of accountability procedures,a mechanism of accountability procedures should be established with the inspector department as the main body of accountability initiation and the investigation and disciplinary committee as the main body of accountability determination,forming a supervisory mechanism that is internally and externally connected,and excluding the psychological misidentification of criminal facts and application of laws that are not based on intention or gross negligence from the scope of accountability,so as to form a scientific and reasonable accountability mechanism.Finally,in terms of incentive mechanisms,we should abandon the assessment method that is based on the rate of solving cases,focus on the assessment of the effect of handling cases,build a diversified performance evaluation system,focus on compensation for the cost of core investigators,and establish a differentiated incentive mechanism.Only if the core investigator’s power,responsibility and incentive to get a balanced state,the core investigator case responsibility system can be successfully implemented.