How do the three organs of public security law divide their responsibilities, cooperate with each other and restrict each other in criminal proceedings to ensure the accurate and effective implementat

How do the three organs of public security law divide their responsibilities, cooperate with each other and restrict each other in criminal proceedings to ensure the accurate and effective implementation of the law? According to Article 140 of the Constitution, when handling criminal cases, people's courts, people's procuratorates and public security organs shall be responsible for the division of labor, cooperate with each other and check each other to ensure the accurate and effective implementation of the law. The so-called mutual restraint means that the public, procuratorial and legal organs restrain each other in criminal proceedings and put forward their own opinions and opinions on relevant issues and decisions according to their functions and powers stipulated by law, so as to prevent possible deviations and demand correction of existing mistakes. Division of responsibilities is the basis and premise of mutual cooperation and restriction, and it is the result and inevitable requirement of division of responsibilities. Division of responsibilities, mutual cooperation and mutual restriction are three interrelated necessary conditions to ensure the accurate and effective implementation of the law. The division of responsibilities is conducive to improving the quality of handling cases and preventing subjectivity. Mutual cooperation can enable the public, procuratorial organs and legal organs to exchange information and work together to ensure accurate and timely punishment of crimes and effective protection of people. Mutual restraint can find and correct mistakes in time. First, expand the information. The three organs of the Public Prosecution Law are responsible for the division of labor and cooperate with each other. According to the provisions of the Criminal Procedure Law, mutual cooperation is embodied in the following aspects: (1) cooperation between prosecutors and police. Public security organs should make good preparations for the people's procuratorate to review and prosecute when filing a case for investigation; If the conditions for arrest are met, the people's procuratorate shall promptly approve the arrest by the public security organ; If it is necessary to detain or arrest a criminal suspect in a self-investigation case directly accepted by the people's procuratorate, it shall be decided by the people's procuratorate and executed by the public security organ; When the people's procuratorate needs to arrest the defendant, it shall notify the public security organ to execute it. Second, the three organs of the public security law restrict each other. In our country, there are two characteristics of the mutual restriction among the three organs: 1, which is a two-way restriction, that is, the restriction among the three organs of the public security and inspection law, which undertake the functions of investigation, prosecution and trial, is mutual, and each organ forms certain restrictions on other organs, and at the same time becomes the object of restriction and supervision by other organs. This is the restriction of police inspection and legal inspection. First, the police are restricted. 1, that's it. If the people's procuratorate thinks that the public security organ should file a case for investigation or the victim thinks that the public security organ should not file a case for investigation, it shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate considers that the reason why the public security organ does not file a case is untenable, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice. 2. They restrict each other in the right of arrest. The arrest of a criminal suspect by a public security organ must be reported to the people's procuratorate for approval. If it is not approved, the public security organ may request reconsideration when it thinks that the criminal suspect should be arrested. If the procuratorate does not accept it, it may also report it to the people's procuratorate at the next higher level for review. 3. They restrict each other in the right of no appeal. According to Article 175 of 20 12 Criminal Procedure Law, if the people's procuratorate decides not to prosecute the case transferred by the public security organ, it shall serve the decision of non-prosecution on the public security organ. When the public security organ thinks that the decision not to prosecute is wrong, it may request reconsideration. If the opinion is not accepted, it can be submitted to the people's procuratorate at the next higher level for review. 4. It is to supervise the investigation. Procuratorial organs have the right to supervise the filing activities of public security organs; When the public security organ needs to arrest a criminal suspect, it shall report to the people's procuratorate for examination and approval; The people's procuratorate shall supervise the legality of the investigation activities of public security organs. Second, legal restrictions. On the one hand, if the people's court believes that the facts of the case accused by the procuratorate are clear, the evidence is true and sufficient, and the defendant is found guilty according to law, it shall make a guilty verdict; If the defendant is found innocent according to law, a verdict of innocence shall be made. On the other hand, when the people's procuratorate thinks that the judgment or ruling of the people's court is wrong, it has the right to lodge a protest in accordance with the procedure of second instance or trial supervision. This is a restriction on the people's court by the procuratorate.