Research On The Procedure Of The Rapid Handling Of Public Security Cases

Public security cases in China are almost twice as many as criminal cases.Faced with the problem of "more cases but fewer policemen" in the grass-roots departments of public security organs,the separation between complex and simple public security cases provides a way and direction for the rational distribution of existing public security law enforcement resources.In order to effectively promote the separation of complicated and simple public security cases and reduce the pressure on police to handle cases,the newly revised provisions on procedures for handling administrative cases by public security organization in 2018 added relevant contents of rapid handling procedures under the original general procedures for handling administrative cases by public security organization.However,the new regulations have been implemented for more than two years,but the rapid processing procedure has not been fully used in most areas,and the effect of separation between complex and simple public security cases is limited,and even more police have a psychological resistance to it.There are deviations in the regulation design and practical effect of the rapid processing procedure.Therefore,the purpose of studying the rapid handling procedure of public security cases is to clarify the basic theory of the normative text,analyze the basic situation of its practice,so as to find out the root of the problem of the rapid handling procedure,and finally promote the improvement of the rapid handling procedure,so as to correct the deviation of its system design and practical effect,which has great significance for improving the separation between complex and simple public security case and promoting the efficiency of public security law enforcement.The rapid handling procedure refers to the legal activity that the public security organization applies the general procedure to handle the administrative cases with clear illegal facts,the illegal suspects voluntarily admit their mistakes and punishment,and no objection to the illegal facts and the application of the law when dealing with the minor administrative illegal acts of the general illegal subjects.By taking measures such as simplifying the way of obtaining evidence and the procedures of investigation and evidence collection,the public security organization can handle the cases quickly.From the normative text analysis,the rapid handling of public security cases itself has the characteristics of the generality of the illegal subject,the conciseness of the illegal cases and the lightness of the illegal circumstances.At the same time,the six systems represented by procedure selection system,notification system,evidence system,lenient punishment system for admitting mistakes,procedure rotation system and investigation and evidence collection system constitute the unique system sequence of rapid handling procedure,which should show the value function of promoting case diversion,ensuring procedure justice and eliminating confrontation.From the practical level,local public security organization have carried out adaptive reform and innovation in the application of case types,simplification of evidence collection,reform of case supervision and working mechanism.To a certain extent,the time for handling cases has been shortened,the proportion of administrative reconsideration and litigation has been reduced,and the cooperation degree of suspects has also been improved.However,in the process of practice,there are many problems in the rapid handling procedure: the scope of application is narrow,the effect of case diversion is limited;the program design is unreasonable,the pressure of handling cases is not reduced but increased;the evidence collection method is not perfect,the evidence standard is not clear;the quality of cases is difficult to guarantee,the legal department is difficult to delegate power,and so on.There are three ways to improve the rapid handling procedure of public security cases: first,reengineer the fast handling procedure,change the concept,refine the standard,and improve the work process;second,reform the evidence standard of public security cases,and build the "difference order pattern" of the evidence standard of public security cases;third,reform the upper law.In the Administrative penalty law,set up the rapid handling procedure as an independent case punishment procedure,and uniform standard of evidence between Administrative Litigation Law and public security cases.