The Fault Accountable System&Collusion Between The Public Security Organs, Procuratorate And Court

Fairness and Efficiency has been difficult to effectively balance between judicial theory and judicial practice, especially in the realm of Criminal Justice, which deals with the fundamental Personal Rights of citizens. Because of the current situation in China—such as large population base and the regional economic development unbalanced—leading the criminal cases to a high level. Therefore, on the one hand, we need the Public Security Organs, Procuratorate and Court can attack crime actively and effectively; on the other hand, we need the three organs prevent any mistakes happening during the process of enforcement, in order to avoid the erosion of judicial Fairness and Justice.It is based on the requirements of Fairness and Efficiency. In order to enhance the positive attitude of the investigators and accelerate the processing of criminal cases effectively, the three organs all adopted the reward system that linked to the combination of the index of detection rate, the rate of prosecution or the rate of trialed. Meanwhile, in order to ensure judicial fairness, it been taken the Fault Accountable System, to standardize law enforcement investigators and ensure that the suspect should enjoy his civil rights. Although the intention of create the Fault Accountable System is fine, however, it is difficult to identify what is the "fault" in the real operation. Such as, extort a confession through recessive torture, it is hard to be verified by the third party.To solve this dilemma, I broke the limitation of traditional legal view on the line of the Public Security Organs, Procuratorate and Court in this article. By the Information Economics to deal with the relationship of the three organs, I use the Incentive Theory as a means, discussed the asymmetric information between the investigators of the three organs and the officers who inspect the fault classified. And I demonstrated the two kinds of effect on the Fault Accountable System ex ante:the positive effect of deterrence and the negative effect of leading to collusion. Moreover, by modeling the Fault Accountable System, I designed the optimal punishment in order to solve the two effects’ dilemma, and balance the Efficiency and Fairness in Criminal Justice.For the Fault Accountable System effecting effectively, and balancing the Efficiency and Fairness, we need to carry out reforms of the existing judicial system:strengthen the Procuratorate’s power of supervision on the one hand; on the other hand, giving the People’s Supervisor more power of supervision on Procuratorate’s behaviors.