Abstract reform and opening up has entered a critical period of socialist construction, but also the various contradictions multiple, complex period, resolve conflicts become an urgent task of building a harmonious society is a society of common problems faced by the industry involved in the conflict, a wide range , to resolve conflicts instead of relying on one or two departments work can be completed, but should permeate all walks of life in all areas of each specific aspect, relying on the masses forces to participate in various departments, their duties, make concerted efforts to rationalize solution.
Paper Keywords masses of social conflicts and crimes forces present, China's reform and opening up has entered a critical period of socialist construction, but also the various contradictions multiple, complex period, resolve conflicts become urgent task of building a harmonious society is a society face together problems due to conflicts involved in the industry, a wide range, to resolve conflicts instead of relying on one or two departments work can be completed, but should permeate all walks of life in various fields of each specific aspect, relying on the masses forces to participate in the various departments, their duties, make concerted efforts to resolve reasonable.
First, create a job-related crimes investigation importance of a mechanism to resolve social conflicts
Corruption is a socialist harmonious society, cancer, and its harmful consequences it brings serious damage in all respects are huge, so you can say that the problem of corruption is a catalyst for social conflicts. First, the national staff of corruption against the people, especially the fundamental interests of vulnerable groups, a direct result of the people have a strong resentment to inspire the masses and grassroots government opposition, affecting local governments to work normally. The second is due to corruption occurs, in dealing with people in a variety of conflicts and disputes can not achieve fairness and justice, not only to resolve conflicting issues are not handled properly, the opposite sometimes make contradictions intensified. Third, the incidence of corruption also cause the development of social productive forces have been severely damaged, and because of the unfair distribution of social phenomenon, has become a produce various social contradictions and disputes pitfalls.
Crimes Investigation prosecutors exercise procuratorial power is an important powers, the anti-corruption work an important part. Crimes Investigation work for resolving social conflicts is important because:
1 Crimes Investigation work is also solved an important part of social contradictions, can not be ignored. Crimes Investigation work at the forefront of anti-corruption, not only in fighting corruption, the fight against crime plays an important role, but also the maintenance of the entire social stability, and to resolve social contradictions important aspect. Crimes Investigation work for resolving social conflicts is important because this strain to eliminate corruption cancer, among the people and establish a party, government, and the prestige of the judiciary, for the current maintenance of social stability and promote a harmonious society of great significance. It will help establish a good social atmosphere, safeguard social fairness and justice, to protect the interests of the masses.
2 In Crimes Investigation create mechanisms to resolve social contradictions development of social contradictions situation demands. The author engaged in years of Crimes Investigation feeling to work in the field of investigation of crimes there is often a relatively more intense social conflict. Such as rural grass-roots organizations who take advantage of a variety of various national authority embezzlement embezzlement and other subsidies for land acquisition compensation, damages the interests of farmers caused by a variety of disputes; commercial bribery is happening in the field of medicine purchases and sales of commercial bribery, is caused by the people on the doctor difficult, the cost of your medical doctor strong dissatisfaction is an important factor; in the process of restructuring state-owned enterprises, business leaders from corruption and self-enrichment, and protection of workers have lost their lives, resulting in a contradiction; administrative law enforcement officers abuse their powers, neglect their duties, law enforcement unfair justice, led the people on the policies and laws to lose confidence. Phenomena, it is easy to see in the investigation of such crimes will involve various contradictions associated with social conflicts can be said that it is accompanied by job-related crimes occurred in multiple areas, hence the establishment of the Crimes Investigation resolve social mechanisms of social contradictions contradictory developments needs.
3 Crimes Investigation to establish mechanisms to resolve social conflicts is a society cooperation and coordination among the various departments, and promote social harmony and requirements. To resolve social conflicts is an important social engineering, we need full cooperation and coordination with all sectors of society, the whole society in their respective division of the various departments and grades of its responsibilities under the premise of the various departments should take the initiative to play a functional role, as much as possible to participate in the resolve conflicts in order that the work to resolve conflicts of various departments to become an important work. Of course, we are investigating crimes prosecution in cases can not stay aloof, but should give full play to the functions of the role of the judiciary, from the depths to tap the potential to resolve social conflicts.
Second, the current Crimes Investigation resolve social conflicts in Problems
In the current Crimes Investigation work in practice, the prosecution is increasing emphasis on work plans to resolve social conflicts, anti-corruption prosecutors working in all aspects of the process of construction of the mechanism, has formed a Kongshen department responsible for receiving reports, complaints, prevention department is responsible for crime prevention duties work, investigation department is responsible for the overall layout of the work of detective work. The division of labor between the three sectors on the one hand Crimes Investigation work as one-stop workflow lines for crimes committed while trouncing fast and efficient operation, but did not resolve social conflicts aspects form an effective working mechanism of the specific implementation , I believe that there are still the following questions:
First Kongshen departments and some do not work title investigation department section. Complaints and appeals procuratorial work is directly facing prosecution masses a window, the prosecution contact with the masses of the bridge and link, but also for clues to crimes committed by one of the main channel. This work is that we accept the prosecution through the masses and accusation, complaint and review the criminal complaint and criminal compensation cases, directly depend on the masses to fulfill the prosecution function of legal supervision, not only fight crime, punish corruption front, it is protect citizens' legitimate rights and interests, to resolve social conflicts, maintain social stability and promoting justice defense positions. But from a practical standpoint, Kongshen sector in the work to resolve social conflicts, especially the masses of reported cases of reception period after memory in the title section of the investigation department of the phenomenon is not that these are objective limits Kongshen department at any time understand the progress of the case, not the process of preliminary investigation in the case of the informants to make appropriate and timely progress of the case clearly shows that it is easy to generate informer caused deliberately delayed prevarication, perfunctory impression. On the progress of the case and the situation can not and well known, it is possible to make the whistleblower mood fluctuations, would cast doubt on the work of prosecutors and distrust, they often lead to mass petition to happen, causing prosecutors at work passive situation.
Second, the duty crime prevention on the list, ignoring the contradictions resolved. Prevention of such crimes is an important task for the prosecution, the current crime prevention duties to carry out prevention department mainly taken two ways - prevention and case prevention industry. In the case of prevention work, prevention departments and Crimes Investigation Department of the close working relationship, is aimed at the investigation department for the crimes committed, in-depth understanding of incidence unit management, system and other aspects of the problem, a careful analysis of hair Case reasons for the problems of the incidence units issued procuratorial proposals, to educate and warn assist incidence unit for rectification, and rectification of track. But whether it is as an industry prevention and case prevention, prevention efforts focused primarily on the national staff of warning education, while ignoring at the same time pay attention to preventing crime and resolving conflicts, especially for investigation department preliminary investigation for not filing the case become an element of preventive work space.
Third, the lack of investigation department to resolve disputes resolving conflicts, lack of pipe a formal procedures and norms, arbitrary large. Crimes committed during the course of the investigation, investigators encounter specific conflict occurs, most do not have the level of problem-solving and experience, but also find that you can perform procedures and norms, more and more is to consult superiors reporting, and other leaders clappers, which has the characteristics of cases, it is difficult to obtain the desired effect, or sometimes even screwing things will be counterproductive, not only to eliminate contradictions, conflicts but will seriously affect the laws against crimes and social effects.Links to free download http://eng.hi138.com
Third, in the Crimes Investigation in the idea of establishing mechanisms to resolve conflicts
Because we resolve social conflicts is not the prosecution in the investigation of crimes committed only function, so in future work, in order to meet the social needs of the situation, I believe that should Crimes Investigation further standardize the existing legal policy, explore the establishment of Some new mechanisms to resolve conflicts, and that these mechanisms operable, the only way to form a complete whole working mechanisms and norms, can really play in the Crimes Investigation important role to resolve social conflicts.
1 to establish sound complaints and appeals departments case tracking working mechanism. Change the past reported cases for clues Kongshen department received only negative clues practice, investigation department has concluded its investigation will not only deal with complaints department decided to reply to the complaint, but also in the course of preliminary investigation to establish the case of a regular reporting system, to achieve Kongshen departments of the case progressed throughout the track, so that the demands according to informants, to grasp the crux of the conflict as soon as possible to study and formulate solutions. For those preliminary investigation for not filing the whistleblower to provide timely responses, for the preliminary investigation of cases filed whistleblower to be rewarded, but also a serious answer, we narrowed the distance between the prosecution and the masses. During investigation of cases of job-related crimes, in addition to the provisions providing incentives for whistleblowers, but also should be good publicity for informants and interpretation, and increase efforts to handle cases, investigating crimes, we must make the masses through advocacy and interpretation Recognizing the party and the government's determination to solve the problem for the masses to recognize judicial impartiality, training the masses through legal, policy channels to solve problems with confidence.
(2) to establish sound mechanisms for early intervention prevention department. For the preliminary investigation for not filing the case of prevention, crime prevention duties has been the work of a blank content, the author recommends early intervention crime prevention department shall cases, without prejudice to the premise of investigating cases, in case it should be involved in the early stages of investigation deep into the incidence units, on the one hand from the case to start work in terms of prevention, early detection and solve problems. Cadres and workers to strengthen the Independent Commission Against warning education, prevention of the occurrence of such crimes; On the other hand, we must pay attention to some of the people to persuade social emotions, pay attention to individual cases found in the investigation of potential conflicts, coordinating relevant departments, trying to be resolved before they occur. Do with the prevention of crimes committed as a starting point to resolve conflicts, safeguard social stability and promote social harmony for the purpose.
3 Establish self discovery and investigation department mechanisms to resolve conflicts. First, the establishment of social early warning reporting mechanism. Currently we prosecutors have generally established anti-corruption case management system and intelligence information systems, but prone to social conflicts and disputes in a timely manner the information is somewhat lacking focus and resolve, therefore, should be considered on the basis of information reporting mechanism established in Crimes Investigation activities play a full investigation of the prosecution in cases of advantages, through first-hand grasp of case-related information on the public opinion and the related case of the collection of information aggregated to form the various existing information systems, timely notice abnormal situation and make certain meta-analysis, report regularly to the authorities, to government departments provide assistance administration according to law, the relevant government departments to provide information for the prosecution should quickly make the right judgments and take appropriate action, which can effectively prevent the information blockade and distortions to reflect opinions of the masses added a smooth channel, help find signs of various events, a preventive measure, in order to deal with problems related departments to provide a reliable basis.
Second is to establish investigation department in collaboration with relevant departments communication mechanism. Corruption Crimes prosecution investigation department is an important job duties, and to resolve social conflicts and building a harmonious society, thus resolving social conflicts and properly handle the relationship, it is necessary and reasonable use of investigative resources. Investigation department and the government should establish a liaison system between the various departments for the Crimes Investigation found in social conflicts, in line with the principle of whoever is in charge is responsible to minimize tedious unnecessary links. For the preliminary investigation against the prosecutors for not filing the case, often because there is no suspicion of crime without causing relevant departments of the attention, but in fact is not found in the preliminary investigation does not mean there is no crime problems involving the interests of the people related issues For this preliminary investigation of the case was not filed, and more should be timely treatment, to avoid unnecessary conflicts occur or expanded.
Third, give full play to the role of prosecutors recommended. Despite the contradictions and problems in finding the prosecution can be transferred to the jurisdiction of the relevant authorities to be resolved, however, the existing law does not legislate on these issues from practical solutions to provide a clear legal provisions and support, which is contradictory process adds certain difficulties . The law gives prosecutors the only effective authority is procuratorial proposals, the general incidence prosecutors sent to the unit crime units procuratorial proposals require the rectification of the situation on a regular basis to be feedback, incidence unit is also capable of writing most of the feedback, however implementation is not really in place, and therefore should join hands with the government to develop appropriate systems, will supervise the implementation of the proposed prosecution statutory, mandatory technology, and clearly does not want to earnestly implement the relevant personnel accountability, through the means of government functions of the procuratorial proposals to resolve various social contradictions actually play an important role.