Research On System Of Chief Investigator

The system of chief investigator is one of the important contents in deepening reform of the judicial system and implementing judicial responsibility in the context of overall rule of law,which is an important part of constructing organic unification,and closely connected with criminal responsibility system on investigation,procuration and adjudication.However,with the chief prosecutor,presiding judge and post system reform starting and gradually improving in the country,system of chief investigator is still in the pilot stage,although some achievements have been got from the experimental point of view,the system model which can be replicated and extended across the country has not yet formed.What are difficulties in the system of chief investigator construction? How to construct scientific and reasonable system of chief investigator based on rule of investigation power operation and investigation work? How to make a good balance between the efficiency and quality of investigation? How to clarify the power and responsibility boundary of different subjects in investigation? These are the key problems to be solved in the system of chief investigator construction.In essence,the system of chief investigator is a series of new supporting systems and investigation work mechanism,which focus on the implementation of the responsibility and highlighting the role of host investigators in the investigation.Its theoretical basis is the consistency of power and responsibility,the criminal judicial attributes of investigators,the professionalization and elitism of the investigation team,the discretion of the police.The main foreign countries pay more attention to the prevention in advance rather than to the disposal after the criminal case.Prosecutors and judges play a greater role in the investigation process because of the strict judicial control of the investigation power,the responsibility of the police in the investigation stage is relatively limited.There are many achievements in the study on the judicial responsibility of procurators and judges than police.The early exploration of public security organs in some areas and the current pilot area have accumulated certain experience.However,there is still no good solution to the problems such as the relationship between the chief investigator and the person in charge of the investigation department,and the reform experience of the court and procuratorate can not be directly used because of the particularity of the investigation work.The selection scope of chief investigator should be in accordance with the investigation system reform,leader in charge of investigation and the person in charge of investigation departments should also be included in the selection,and attention should be paid to the reasonable set of selection criteria.More attention should be paid to the authority of main body of selection and scientific selection methods.Exit mechanism should be established and incentive mechanism should be combined with honor,salary and promotion.Chief investigator should exercise legal investigation power and dominant power of resources of investigation in accordance with the provisions of the Criminal Procedure Law,specifically exercise part approval decision power of investigation measures,the power of the management command of investigation team,query power of investigation information resources,dominant power of part of the investigation material resources and the suggestion and requisition power to mobilize other resources.On the specific path of power allocation,it is mainly to modify the public security organs’ procedures for handling criminal cases properly,reform the management mechanism of investigation work,especially clarify the power boundary of chief investigators,the heads of public security organs and the person in charge of case handling departments.The criminal judicial attribute of the investigation power determines that chief investigator should take the corresponding judicial responsibility in the case of judicial error.They should also take certain responsibility for the administrative errors in investigation.Responsibility of chief investigator,the person in charge of the public security organ,the person of the case handling department,the technical and intelligence personnel of the assigned investigation department should be distinguished according to their power range in the investigation and the degree of influence to judicial errors.They would be dealed with qualification limitation,administrative discipline and legal responsibility,and there should be perfect procedure and necessary exemption mechanism.