Dharma, the world
*The policy originated around 2000, when it was first proposed by local public security organs and later extended to the whole country by the Ministry of Public Security. The motive behind this is the intensification of social contradictions and the high incidence of criminal offenses in China since the 90s of the last century. With the establishment of the market economic system and the expansion of private ownership, the gap between the rich and the poor has widened, social contradictions have become increasingly prominent, and the number of criminal cases, especially the number of criminal cases, has surged. According to statistics, at the beginning of this century, the total number of crimes in China reached a peak of more than 4 million, including a large number of **.
The proposal of "must break" is precisely to meet this challenge. The primary problem faced by the public security organs is how to improve the detection rate, which is not only related to social security, but also an important embodiment of the efficiency of public security work. In this context, "* must be broken" has become a clear goal. At the beginning of 2004, the Ministry of Public Security deployed the "Special Action to Crack the Crack", and in November of the same year, the National Crackdown Work Conference was held in Nanjing, officially putting forward the slogan of "Cracking". The core of this policy is to enhance the attention of public security organs to the detection of ** by strengthening responsibility and target management, so as to effectively combat criminal offenses.
The implementation of the policy has indeed achieved remarkable results. Public security organs around the country have established their own target management and performance appraisal systems, taking the detection rate as an important indicator. For example, a province in North China stipulates that the detection rate of the province should reach more than 95%, and the counties and cities with no or all cracks should reach more than 80%, and the leaders of public security organs at all levels have become the first responsible persons for detection. At the same time, public security organs in various localities have also established corresponding incentive mechanisms to arouse the enthusiasm of the vast number of case-handling personnel. The Henan Provincial Public Security Department publicly promised to the whole society that it would "be broken and grasped for three years", and clarified six mechanisms such as detection, organization, command, and reward. These measures have indeed improved the detection rate of **, so that some cases that were originally difficult to solve have been solved in a timely manner.
However, the "* must break" policy has also brought a series of problems. Under the tremendous pressure to solve the case, the investigators may treat the suspect as a criminal, ignoring the necessary legal procedures and the legitimate rights and interests of the suspect. According to the work report of the Supreme People's Court, after the introduction of "** must be broken" in 2004, the proportion of acquittals dropped by two-thirds. This suggests that some areas may have sacrificed the fairness of the legal process in order to achieve the goal of solving crimes. In order to solve cases quickly, there has been an increase in the use of torture to extract confessions and extended detention. At that time, the public security organs' investigative methods were relatively backward, and they still relied mainly on "confessions", and torture to extract confessions under the presumption of guilt was bound to follow.
This policy may lead to an increase in the rate of wrongful convictions. While pursuing the efficiency of solving cases, careful analysis of evidence and strict adherence to legal procedures are often overlooked. Weishi County, Kaifeng City, Henan Province" 416 "In the case of the dismemberment of the body, for example, in order to achieve the goal of solving the case at the end of the year, the local public security even wanted to blame the mentally ill person, which caused the public to doubt the legitimacy and authenticity of other solved cases. This speed- and quantity-oriented mode of investigation can easily lead to a series of problems, such as extorting confessions by torture, inducing confessions, and unjust, false and wrongly decided cases, which not only infringes upon the legitimate rights and interests of suspects, but also damages the credibility and image of justice in the judicial system.
Since then, in 2014, the Henan Provincial Public Security Department took "** good" as the new guiding ideology of work, and clearly stated that it would no longer require "** must be broken". The new guiding ideology requires public security organs to pay more attention to the collection and analysis of evidence in the course of investigation, to avoid simple and crude methods of handling cases, and to reduce the occurrence of unjust, false and wrongly decided cases. This is a major shift in philosophy, with a greater emphasis on the quality of the case and ensuring that a good person is not wronged, reflecting a reflection on the "presumption of guilt" and the protection of the basic human rights of suspects. Although it may lead to a decrease in the detection rate in the short term, in the long run, it is of great significance to maintain social justice, protect citizens' rights and interests, and enhance judicial credibility.
The policy of "must be broken" has had a far-reaching impact on China's criminal justice work in the future. The public security organs should pay more attention to the quality of investigation rather than just focusing on the detection rate when dealing with **. While strengthening legal education and professional ethics training for investigators and using modern scientific and technological means to improve the efficiency of investigations, it is also necessary to strictly abide by legal procedures and ensure judicial impartiality. In addition, establish a more complete mechanism for appealing and correcting wrongful convictions, so as to provide timely and effective remedies for possible wrongdoings. This change in concept will lay a more solid foundation for China's judicial fairness and the building of a society ruled by law.
Although the detection rate of "must be solved" has increased the detection rate in the short term, it has also brought a series of legal and ethical problems. Faced with such a situation, we have to reflect on the relationship between efficiency and fairness in the practice of criminal justice. On the one hand, it is an important duty of the public security organs to increase the rate of solving cases and crack down on crime. On the other hand, it is equally important to ensure the fair implementation of legal procedures and protect the legitimate rights and interests of suspects. While pursuing efficiency, it is necessary to ensure that every step of the investigation and trial work is carried out within the legal framework and that the legitimate rights and interests of the parties concerned are respected and protected.