Research On Criminal Case Registration System

The criminal case filing system is a socialist criminal procedure legal system with Chinese characteristics,which is based on the case filing system of the Soviet Union and integrated into the social environment,cultural tradition and legal concept of our country.Over the past 70 years,the criminal case filing system has been updated for a long time;after three amendments,the criminal case filing system has become more stable.It is not hard to see that,as a criminal procedure start-up system,the criminal filing system has been integrated into the legal culture of our country.In the practice of criminal justice,there are still some problems in our criminal filing system,such as the misuse of preliminary criminal investigation,the disorder of filing procedure,the lack of supervision measures and the stereotype of assessment mechanism.Since the 19 th National Congress of the Communist Party of China,new problems such as "substituting punishment for the people" have emerged,and civil public interest litigation attached to criminal cases is not smooth,which reveals that the chronic disease of the criminal case filing system has not been eliminated,but also a new phenomenon.Therefore,it is of great theoretical value and practical significance to study the criminal case filing system in China comprehensively with the methods of normative law,empirical law and comparative law.In addition to the introduction and conclusion,the paper is divided into five chapters:The first chapter’s main purpose is to define the research object,set the research boundary and scope of this paper.This chapter mainly explains and analyzes the criminal filing system in China from four aspects: historical origin,concept discrimination,basic framework and legal effect.By combing the historical evolution,this paper explores the formation and development of the criminal record system in China,and then predicts the future reform trend.This paper analyzes the relationship between criminal filing and case acceptance,expounds the connotation and extension of criminal filing in China,so as to determine the logical starting point of this study.This paper analyzes the elements,procedures and supervision of China’s criminal filing system to show the basic framework of China’s criminal filing system.In the context of China’s criminal justice,criminal filing has four legal effects: procedural cohesion,power control,division of jurisdiction and extension of prescription.The second chapter systematically explains the legitimate basis of the criminal filing system,and deeply analyzes the root causes of the existence of the criminal filing system in China.With the integration of case diversion,power control,human rights protection and social management,criminal filing has become the way to start criminal proceedings in China.In the practice of criminal justice,the case diversion function of criminal filing plays an important role in alleviating the shortage of criminal justice supply and improving criminal efficiency,which is mainly divided into two parts: the diversion of criminal cases and non criminal cases and the internal diversion of criminal cases.In the form of political power organization,the criminal case filing system is a Chinese model to control state power in criminal proceedings,which is embodied in providing legal basis for compulsory investigation measures and technical investigation measures.China’s criminal filing system plays an important role in protecting the basic rights of citizens.Before the criminal case is filed,there is no identification of the criminal suspect and the defendant.With the decision of the criminal case,the identity and rights of the criminal suspect and the defendant are also determined.The existence of China’s criminal filing system not only has the significance of criminal procedure law,but also has certain social management function.Through the big data analysis of criminal case data,we can evaluate the social security situation,assess the quality of investigation and determine the direction of crime prevention.The third chapter’s main purpose is to investigate the construction mode,power subject,power control mode and common law of relevant systems outside China,so as to provide useful practical experience for the improvement of China’s criminal filing system.According to the scope of the criminal procedure,it can be divided into three modes: investigation mode,prosecution mode and independent mode.In Germany and Japan,the main starting bodies of criminal proceedings are police and prosecutors,while in the United States and France,the main starting bodies of criminal proceedings also include grand jury,pre-trial judge and other judicial organs.What’s more,the main body of the criminal procedure in Russia also includes the leader of the geological exploration team and the head of the Antarctic investigation station.From the perspective of the subject of power control,most countries in foreign countries regard the procuratorate as the subject of supervision of the criminal proceedings,and the court as the subject of judicial review of compulsory investigation measures.In the way of power control,the most important way is to control the compulsory investigation measures through the judicial review of the court.In terms of the standard of proof,Japan,Italy and Germany adopt the standard of proof of formal examination,while the Soviet Union and the socialist countries following the Soviet legal system adopt the substantial examination method.It is not difficult to find that the main characteristics of the relevant systems outside the country lie in the cheapness,timeliness and control of criminal investigation.No matter whether the criminal procedure is initiated or not,the compulsory investigation measures shall be subject to the examination of the court or the procuratorate.In addition,in view of the investigation before the start of criminal proceedings,most of the legal systems of foreign countries have set up a certain relief mechanism.The fourth chapter mainly discusses the practical problems existing in the operation of the criminal filing system in China through induction analysis and empirical investigation.There are not only defects in the system,but also problems in practice in China’s criminal filing system.This chapter is divided into four sections,respectively from the criminal filing review,criminal filing procedures,criminal filing supervision and criminal performance appraisal four aspects are discussed.In the practice of criminal justice,there are mainly two situations: unclear definition of the nature of Criminal Preliminary Investigation and illegal practice.The practice disorder of Criminal Preliminary Investigation refers to the illegal application of criminal investigation measures by state special organs before the decision of criminal filing,including the application of compulsory measures and technical investigation measures to the investigated.There are many problems in the criminal filing procedure in China,such as the complicated procedure of examination and approval,the high standard of criminal filing,the illegal and the false statistics.In terms of the establishment of supervision over criminal case filing,there are mainly three middle schools,i.e.the level supervision of higher authorities,the legal supervision of procuratorial organs and the trial supervision of people’s courts.Among them,the main problems of the legal supervision of the procuratorial organ are the few times of the supervision,the low adoption rate of the supervision and the serious imbalance of the supervision.In the practice of criminal filing,as a supporting system of criminal filing,the performance evaluation mechanism of criminal filing still has some problems,such as the lack of coordination in the content of evaluation and the unreasonable setting of evaluation standards.The fifth chapter mainly discusses the way to improve the criminal filing system in order to provide intellectual support for the theory of criminal procedure and the practice of criminal justice.With the reform of the judicial system,the supervision system and the overall promotion of the rule of law,the reform of the criminal record system is just in time.In the practice of criminal justice,the factors such as insufficient judicial supply,sluggish detection of crimes and weak power control provide the practical basis for the reform of criminal filing system in China.From the perspective of the background of judicial reform,the development of criminal filing theory and the practice of supervision,it is feasible to carry out the reform of criminal filing system in China.In the aspect of improving criminal procedure,it can be promoted through three aspects: clarifying the examination measures of criminal case filing,promoting the sinking of the power of handling cases by politics and law,and reducing the standards of criminal case filing.In the aspect of improving the supervision system of criminal case filing,we should establish an effective supervision mode from four aspects: confirming the stage of lawyer’s intervention,improving the ways of case filing relief,constructing the mechanism of information sharing and strengthening the effect of case filing supervision.The assessment standard of criminal filing standard is an important factor to promote the effectiveness of criminal filing.Because even though the conditions for criminal case registration have been improved,if the assessment indicators of criminal cases are not reasonable,it is still difficult to avoid the problems of "non breaking and non standing" and "non standing".Therefore,it is the key to ensure the effective operation of the criminal filing system to set up scientific and reasonable assessment standards based on practice.