| In 1979,"The Criminal Procedure Law" established the system "not filing to inform",which precluded the reform established by public security organ to make the criminal law enforcement open to public.Having developed for more than thirty years,it undergone qualitative changes:one is the scope of the public information of law enforcement changed from the format information to the non format information;the other change is its stage transit from filing stage to the filing,investigation phase.In addition,enforcing the criminal law to public also faces some difficulties.The scope,remedy and legal convergence for the criminal law enforcement publicity,for example,exist some shortcomings.Deepening the reform of criminal law enforcement publicity must confront and solve these problems.Besides preface and conclusion,this paper is divided into four parts,about more than twenty-five thousand words.The first part:an overview of criminal law enforcement publicity.Firstly,criminal law enforcement publicity by public security organ includes law enforcement information opened to public in the filing and investigation stage;and the public scope includes relevant basis,process,progress,results,etc.of criminal law enforcement;the public object includes the public and the specific object.This study focuses on the information contain the progress and results opened to the specific object and other information during the investigation.Secondly,the significance of criminal law enforcement publicity is:to deepen the reform of publicity,to promote government transparency,to improve the subject quality of law enforcement,to enhance the credibility of law enforcement,to meet the people’s right to know,and to enhance the people’s satisfaction.The second part:the reform process of criminal law enforcement publicity,which has experienced about three stages in China.First of all,the initial stage.In this period,information especially the non-format information is make known to people in case stage,and specific object of criminal cases like accused person has the right to know the reason why the case is filed or not filed.Secondly,stage of development.Non-format information such as enforcement basis and procedure were fully overt.With case report and case progress report mechanism built,the publicity moved forward to the investigation stage.Following the principle of disclosure proportionality,it is regulated that situation related to state secrets shall give brief report or not to report.Finally,perfecting stage."Regulations of the public security organ enforcement publicly" issued by the Ministry of Public comprehensively ruled its public enforcement activities.Significant cases of great concern in the community were listed as the format information,and were published in a timely manner to the whole society.Security condition in governing area was released regularly.The responsibility for not providing law enforcement information,providing false public law enforcement information and improper public law enforcement information were regulated.The third part:the local test for the criminal law enforcement publicity.Firstly,this paper summarized the "Beijing model" comprehensively from six aspects such as open cases,public object,open content,etc.and introduced the legal,political and social effect of this "Beijing model" carried out by Beijing City Public Security Bureau,Secondly,taking "the practice" as the specimens,the thesis expounded the progress of experimental "Beijing model" from six aspects,i.e.the system,query,receiving body of non-format information,privacy protection of supervision,term of the information disclosure.The fourth part:problems and solutions of the criminal law enforcement publicity.The source of the defects exists in enforcing the criminal disclosure for China’s public security organization is the lack of the upper law regulation.Both the normative documents issued by the Ministry of public security and local test have some problems in common.Firstly,the contents of the text are not workable.Fuzzy language such as significant cases and affecting social stability exist in normative documents.This paper argues about how should the provincial public security organs enact implementation details in line with their practical enforcement disclosure.Secondly,the content of the text is lack of implement.How to strengthen law enforcement supervision and how does the enforcement personnel to adapt the change from passive to active in law enforcement activities?How do the upper laws,"Law Enforcement Publicity Provisions" and "Criminal Procedure Law" for instance,link up effectively?Thirdly,the relief omission of the text right."Law Enforcement" and local test relief right are in level monitoring system.Administrative reconsideration and administrative procedure are lack of applicable basis.Perfecting criminal law enforcement publicity program should resolve to overcome the above problems and improve the external supervision system:firstly,to further expand the scope of law enforcement publicity.Chinese government should strengthen education and propaganda,and help the police to consciously suit the age of criminal law enforcement publicity.In reference to rather than on the basis of imitation,the public security organ at the provincial level should issue detailed rules accord with its practical situation for the implementation of "Criminal Procedure Law".The law should affirm the public security organ to take the initiative to open the information of criminal law enforcement practices.Secondly,balance the relation between publicity and private.We should take steps from the easy to the difficult to clear the exception in criminal law enforcement information disclosure.Also,following the existing law,we should make fuzzy concept clear in criminal enforcement and make clear and strict provisions for the enforcement publicity exception.Thirdly,to perfect the remedy mechanism.We should formulate a unified "law of information publicity",making the criminal law enforcement behavior as the disclosure of information,and allow to initiate the administration reconsideration and the administrative litigation for the Public Information Act.Fourthly,to perfect the mechanism of supervision.The inspection authority should supervise the criminal law enforcement of the public security in the whole course,and improve the power penalty of procuratorial organs.Fifthly,to properly handle the relationship with the media.The public security organs could establish communication mechanism with the media,and actively accept the supervision by the media.On the other hand,the illegal behavior of the media shall be punished in accordance with the law responsibility. |
