Attempt Of Expounding Criminal Preliminary Investigation System Of China

Chinese Criminal Procedure is composed of five process, respectively, which is case register, detection, prosecuting, trial and penalty execution. Among them, the case register, whose primary task is to find the qualification for establishing criminal cases through investigation, is the initial part of the criminal procedure. Besides being only defined as a term of"carrying out investigation promptly", either such kind of investigation is rarely set in the related laws, or its theoretical basis or connotation is seldom analyzed by scholars comprehensively, which has losen adaptation to the essential function of the procedure of the case register seriously.In need of practical investigation, a conception of"preliminary investigaion"was raised by the prosecution in judicial practice, for which supporting detailed rules of implementation that can be used by the detective department was formulated.Nevertheless, the existing criminal preliminary investigation system (hereafter alias as"The System") is still at the initial stage of the theoretical establishment, legislative improvement and judicial practice."Preliminary investigation", whose conception is still vague, and whose duration and means be taken is also not definite, hasn't been affirmed by the legislation yet. Furthermore, there're great differences in the implementation of preliminary investigation among respective detective branches.As a first-line investigator in the economic crime investigation department, simulated by the problems encountered in the practice, and absorbing academic standpoints of relevant scholars, I will set about the comprehensive analysis of The System, and put forward some points of view towards the perfection of it. I hope that my research can inspire or promote the concern and action from the academic, meanwhile improve the system and provide guide for the detective department to operate.Four chapters constitute the whole thesis, whose main text contains about 26,300 Chinese characters.The first chapter begins with the analysis about principle of The System.â… . To analyze concept, characteristics and capabilities of The System.â…¡. To analyze the legal value which support the existence of The System.â…¢.â…£. The second chapter involves the analysis about the similar criminal preliminary investigation system overseas comparatively and the present conditions of operation of The System. Mainly, The deficiencies existing in The System will be analyzed through the two respects of present legislation and justice, and the reason why they occurred will also be discussed.The third chapter refers to the normative analysis of The System. Based on the foregoing two chapters, and from the perpective of normativeness, I want to expound the issues, including theoretical basis, operating principles, as well as the legal supervision of prosecution.In the fourth chapter, aiming at the defects presenting in the practice of The system, I'd like to try improving The System from the perspectives of legislation and justice, reducing the drawbacks emerging in the practice, and increasing the positive effect of the criminal preliminary investigation. For example, firstly, concept, legal status and specific content of the criminal preliminary investigation must be validated. Secondly, the process of the criminal preliminary investigation must be set up logically, meanwhile the effect of guidance and supervision from the prosecution must be enhanced.