An Analysis On Starting Procedure Of Criminal Suit

Starting procedure is initial procedure of criminal suit. Its primary purpose is to find crime in time, punish crimes, in order to maintain civil order and security, restrain the enforcement of the state power, and at the same time protect citizen's rights from undue violating. By introducing the definition, function, mode and purpose of the procedure, this paper studied this procedure in France, Germany, U.S.A., Russia, explained the current status and defects of the starting procedure of criminal suit in China. In China the starting of a criminal suit could be decided by Police Bureau, Prosecution Department and the Court. Although each department has different scopes of working, there is no rules on what they should so and what facilities they could use, thus there are many practical problems. The strict requirement on putting on record can guarantee the quality of criminal suit, but it restrain the ability of imputing crime into the after procedures. The unity of criminal suit procedure has restrainred the work of function of redistribution of criminal starting procedure and it is unfavorable to the protection of suspect. Combining the function of starting procedure of criminal suit itself and the practice situation in China, the author think that it is necessary to reform starting procedure of criminal suit and to make the receiving report and the later preliminary investigation as the starting procedure. It is necessary to make clear the requirements of preliminary investigation and to clearly regulate the instrument applied in such investigation. It is important to extent the approaches by which investigation organization can find crime clues and to eliminate the court's power of starting criminal procedure and to apply different procedures to suspect in misdemeanor private prosecution cases. It is necessary to provided the lawyers legal rights to participate investigation procedure and to reinforce the prosecution department's power of supervising to such investigation. Thus the function and importance of starting procedure will work well.