However, the joint handling of cases by the three organs of the public security organs has advantages and disadvantages.
Benefits:
1, cooperate with each other, which is conducive to saving resources and reducing unnecessary waste. When the public security organs handle cases separately, it is inevitable to shirk and "kick the ball." This will cause losses to the interests of the country and relevant parties. At this time, the public security organs and procuratorial organs jointly handle cases, which can effectively prevent the occurrence of mutual shirking and kicking the ball and reduce unnecessary waste.
2. It is conducive to quickly and forcefully cracking down on crimes. As we all know, criminal suspects will never sit still after committing crimes, and they are likely to do whatever it takes to escape legal sanctions. At this time, the public security organs and procuratorial organs jointly handle cases, so that a series of criminal proceedings such as investigation, arrest, prosecution and trial can be completed quickly, which can effectively crack down on crimes and maintain long-term social stability.
Disadvantages:
1, one-sided emphasis on mutual cooperation will weaken the function of restriction and supervision. According to the design of the current national criminal procedure law, there are certain constraints in the three links of investigation, control and trial. However, if we talk about the division of labor and restriction and emphasize the cooperation among them unilaterally, the three clearly defined litigation links and their respective functions will converge or be confused. Originally, there was a link behind the supervision system, which accommodated some shortcomings of the previous link. Over time, it became arbitrary and became a habit, leading to the weakening or even nothingness of the system.
2. The three emphasized the cooperative relationship, which shook the neutral position of the court. Neutrality, especially neutrality in criminal proceedings, means that "the adjudicator or handler of related matters should maintain a fair attitude towards the litigants who are interested in or directly related to the matter, and there should be no prejudice or discrimination from either side." The judge is neutral, and the court must be neutral when exercising criminal jurisdiction. No one will raise any objection, otherwise the trial will be formal without substance. Only when the court is neutral and the judge is neutral can we treat both the prosecution and the defense objectively and fairly, and judge the facts and apply the law rationally and fairly. Only in this way can we ensure the objectivity and justice of the case and correctly perform the sacred duties entrusted by law. Neutrality requires the referee not to have any support, affection or discrimination or prejudice to any party in advance. However, due to the legal principle of mutual cooperation among the three organs of the Public Prosecution Law, it needs to be implemented. Moreover, because the law only allows the public, procuratorial and legal organs to cooperate with each other, it does not require or allow the court to cooperate with the litigant, so the result of mutual cooperation is obvious. It can be seen that the so-called cooperation can only make the court lose the rationality and opinions of the referee and lose its basic position of neutrality. The balance is obviously tilted and the litigation triangle is obviously deformed.
3. The emphasis on coordination makes the defense function shrink, which is not conducive to protecting the legitimate rights and interests of criminal suspects and defendants. Article 2 of China's Criminal Procedure Law clearly stipulates that the purpose of criminal proceedings is to punish criminals and protect innocent people from criminal investigation. First of all, cooperation enables the prosecution's views to be transmitted to the trial party before the trial, making the latter preconceived and rejecting the defense's opinions in the future. Secondly, the prosecution can ask the trial to understand its mistakes or defects at any time on the grounds of cooperation, thus supporting the prosecution's point of view. Finally, the cooperation before and after the trial makes the court trial formalized, the defense becomes a decoration, the defense's opinion can not be adopted, and even the defendant's defense is understood as resisting confession, which leads to bad consequences. Weak defendants oppose the powerful public power alliance camp and can only become "dictatorship objects", and their legitimate rights and interests are often difficult to protect.