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The optimal allocation of the public security organs in China the right to

Author: WeiFeng
Tutor: QuXin
School: China University of Political Science
Course: Procedural Law
Keywords: Public security organs Power of investigation Configuration
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 195
Quote: 0
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Abstract

Justice within the framework of our country, the public security organs under the government sector, but at the same time both the dual nature of the executive authorities and quasi-judicial status or functions are important, the optimal allocation is a strong realization of the right to public security organs practical significance. Especially the scientific concept of development, has provided a good methodology guidance. On the nature of the investigation right, scholars have different views, summarized in the executive power, said judicial power, judicial power and the dual nature of executive power that I prefer the executive power, said that the investigation right vested in the executive power in nature, rather than judicial power. Specific to the right to public security organs, and even more is a typical executive power. Configuration problems on the right to public security organs, we can draw draw reference from the configuration mode of the Western countries, the investigation right. View of the judicial traditions and socio-cultural differences, the power of investigation in the two legal systems between countries in the configuration are quite different. But after the mid-twentieth century, with the continuous development of the human rights movement, the two legal systems of the investigation right configuration is also gradually close, showing a part of the convergence characteristics. For example, arrest and separate pre-trial detention system of judicial control of pre-trial custody, generally established judicial authorization mechanism for judicial review of the mandatory investigative acts or coercive measures, and set a strict exercise of the power of investigation judicial relief procedures. Compared with Western countries, the configuration mode of the power of investigation, both from the specification level or implementation level analysis, the configuration of the right of China's public security organs have distinctive features, which is mainly reflected as follows: public security organs, the vast majority of criminal cases, the exercise of the power of investigation; The power of investigation is very extensive and highly centralized; the right to public security organs internal configuration is a bit confusing; the supervision of the right of the public security organs and the internal constraints and legal supervision, and so on. Indeed, as an important link in the judicial system, public security work in the tide of judicial reform has always maintained the work of momentum for times, played an important role in combating crime and maintaining social harmony. However, objectively speaking, due to various reasons, China's public security organs of the investigation right configuration with the Attorney ineffective oversight, lack of power of investigation constraints; the absence of the relationship between police law, the power of investigation, lack of control; executive powers, the power of investigation the internal control weakness; and repeated clashes between police and now, and investigative law enforcement environment needs to be improved. Defects need to be solved and perfect. Address these issues, combined with the reality of our country and the optimal allocation of the power of investigation, not simply to reform one aspect, to the attitude of the scientific development, clearly the power of investigation to optimize the value of configuration target, placed in the judicial system as a whole within the framework of to study. It is necessary to solve the current terms of excessive cross, over-centralized and executive powers of the problem, improve the criminal justice powers and restraint mechanisms, but also take into account to improve the rule of law, protection of human rights, promote the development of long-term goals, implement the scientific concept of development, to promote criminal justice reform. Also should follow the general laws of the exercise of power to determine the restriction of power, rights and remedies, power mechanism and the principle of efficiency with I also recommend that the request system through the introduction of mandatory measures, the establishment of the criminal jury system, monitoring procedures, and establish clear procuratorial organs of public security organs should not be '' supplementary investigation of the review system to improve the system of exclusion of illegally obtained evidence realization of the right to public security organs optimization configurations.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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