The Study About Legislation Of Responsibility And Authorization Of Judicial Police In Procuratorial Organs

In china, judicial police is a kind of important force in the Procuratorate organization on supervision of law enforcement. It is a statutory member of the People’s Procuratorate and a kind of police officer of the People’s Police at the same time. When the Organic Law of People’s Procuratorate in China was enacted in1979, the People’s Procuratorate established judicial police force accordingly. However, both the Organic Law of the People’s Procuratorate and the People’s Police Law which was enacted in1995didn’t have clear terms of reference to define the responsibility and authorization of the judicial police of Procuratorate organization. Judicial police has to perform their duty by following the internal regulations of the People’s Procuratorate only over three decades, which constrains the team building and business development of the judicial police severely and causes the functional role of judicial police has not been brought into full play. The fact that responsibilities and authorization of judicial police are not authorized by law not only violate the idea of the rule of law in socialism society and the fundamental principle of governing the country by law that the responsibilities and authorization of public authority should be empowered by law, but also can’t meet with the relevant provisions of the Legislation Law and the People’s Police Law.Currently, there are over16,000judicial polices in Procuratorate organization national wide. The People’s Procuratorate establishes independent department of judicial police in each level to manage judicial police efficiently. Meanwhile, judicial police gets involved in performing duties of The People’s Procuratorate widely. It is top urgent to empower the responsibilities and authorization of judicial police and to standardize judicial police’s operations in law level, then, judicial police can play their roles more efficiently.By taking actual practice and juridical logic into consideration, this article uses the research method of historical research, comparative analysis, comprehensive analysis and empirical to finish the study. It reviews the history of the judicial police in Procuratorate organization and the changes of responsibilities and authorization of judicial police to reveal the inherent homogeneity between the responsibilities and authorization of prosecutor and the responsibilities and authorization of judicial police. It deeply analyzes the problems on police ranking management, organization structure, personnel management and duty performance of judicial police in Procuratorate organization and profoundly elaborates the main adverse caused by the lack of Legislation of Responsibility and authorization of Judicial Police in Procuratorate organization. It compares the responsibilities and authorization of (judicial) police both inside and outside china and draws salutary lessons on law origin and content setting on the responsibilities and authorization of judicial police. It expounds the ideas of the nature, the position and task orientation of the judicial police in Procuratorate organization, divisions of power, the design technology of legislation on responsibilities and authorization, which, provides legislative proposal on Legislation of Responsibility and authorization of Judicial Police in Procuratorate organization.