The Research Of Public Security Criminal Enforcement Procedure

The Eighteenth National Congress of the Communist Party of China stressed that administering our country by law is the basic strategy under the leadership of the Party.The rule of law is the basic way of governing.We should pay more attention to make the legal system play a important role in the national governance and the social management.Comprehensively implement the rule of laws as a fundamental principle and speed up the building of a socialist country under the rule of law.Pay attention to the criminal procedure research and enforce the law in a civilized and strict way.On one hand,it is significant to build up a society with rule of law and implement the strategy of ruling by law;on the other hand,it has a practical significance to make the law enforcement standardize,guarantee citizen's personal property and other core rights.Public security criminal enforcement procedure refers to the procedure of the criminal investigation which is handled on the basis of the laws and regulations by the Public Security Organ.It contains the criminal case filing,the investigation,the pre-trial,the decision,the mandatory measures,the case submitted for examination and prosecution and so on.The criminal enforcement procedure of the public security is litigious.And it is also said the case is always around the lawsuit.Different from the administrative enforcement procedure,it is accomplished by the people's procuratorate organs and the court's authority collaborated with each other.And it is distinguished from the jurisdiction possessed by the police force;the final litigation outcome is determined by the court.As a criminal investigator in the grassroots public security organs,I have been engaged in criminal case for about six years since 2011.And I master a lot of internal data and case information.This article takes the public security criminal enforcement procedure as a studying object.According to the stipulation of the case filing,the investigation,the pre-trial,the decision,the mandatory measures,the case submitted for examination and prosecution,I studied the article by means of literature research,in-depth interviews,participant observation.And I take the C city as an example to analysis the current situation of handling the criminal cases.According to "the Program Rules for the Criminal Cases Handled by the Public Security Organs" implemented from2013,I submit the problems in handling criminal cases through the analysis of theft crime,robbery and plunder and the crime of intentional homicide.There are mainly four problems existed.First,the law enforcement is lack of standardization and illegal.For example,the case handlers are lack of quality and the cases are handled by non-law executors.Secondly,the laws and regulations are not perfect in the law enforcement process.For example,the different decisions made by the procuratorate lead to changing the suspects frequently.Third,the present problems exist in the execution system of the criminal case,such as the lack of the digitized evaluation and accountability system.Fourth,the shortage of the police protection makes the procedures of handling case difficult to conduct.Aiming at these problems,I put forward the following countermeasures:First,we should set up the idea of people-oriented and improve the quality of criminal investigators.For example,we should make the staff with strong professional ability join the police force.Second,perfect the related laws and regulations to make the ambiguous rules distinct and detailed.So,we can solve the problems that making the different decisions for the same behavior because of the incomplete laws and regulations.Third,perfect the assessment of accountability mechanisms,introduce the democratic evaluation system instead of the unreasonable performance evaluation,and solve the problems about the accountability while breaking the law.We should normalize the procedure of law enforcement,promote the capacity,reinforce the supervision and firm the guarantee of it.We should do our best to make the authority ruled by the law,execute according to the law,enforce law justly and enforce law for the people.