Study On Chinese Criminal Case Filing Procedure

Criminal Procedure filing is a separate stage of the proceedings. It is very important in criminal activities. As the existing legislation, the filing process is not only the startup program investigation behavior, but also the startup program in criminal proceedings. Therefore, the filing system design and the actual program affect directly influences criminal justice values and goals. Judicial practice shows that the basic filing procedures for the review of the case played a gatekeeper functions and procedures for triage, to achieve protection of human rights to combat crime and criminal justice values. However, with the continuous progress of the rule of law, filing procedures also revealed some shortcomings and practical problems in the system, and it affects its function in the system. For the filing procedures in China, extraterritorial criminal proceedings should be investigated, combines with national conditions and the judicial status of research, we can find filing procedure has a relative rationality and necessity of perfect. And we can takes further technical procedures of filing to improve the system. Specifically, the article is divided into four sections:Chapterâ… am mainly on the basic theory of filing procedures. It contains the concept of the program and its filing with the relevant Concepts, nature, function and significance of perfecting filing process. Chapterâ…¡is the problems with the filing procedures for analysis of the reasons. Problems of filing procedures divide into practical issues and legislative deficiencies, and the reason is concepts, systems and implementation. Chapterâ…¢introduces criminal proceedings on the extraterritorial model of inspection. Mainly representative of common law and civil law countries compared patterns of criminal proceedings, so as to provide the route of improving filing program. Chapterâ…£is about improving filing process improvement program. Firstly it confirms the necessity to improve the filing process, secondly it provides specific ideas to improve the system, such as the improvement of the condition, a "two-step" detection system and strengthening the prosecution of legal supervision and other technical improvement programs, and finally proposes to establish a complete filing procedures for supporting measures.