Research On The System Of The Preliminary Examination On Duty Crime

The system of the preliminary examination comes from the practice of procuratorate investigating on duty crimes, and it is officially established through a series of judicial interpretations from Supreme People's Procuratorate. Preliminary examination is defined as review before registration and survey in judicial interpretations, but it also has the meaning of investigation in reality. In our country, investigation begins after registration, so people start to doubt the necessity and legitimacy of the system of preliminary examination. This paper using historic comparative and value analysis, in a series of judicial interpretations from Supreme People's Procuratorate as a starting point, try to discuss the concept and the legal property of preliminary examination in order to find out the problems and reasons. At last I will give out my suggestion on how to make the system of the preliminary examination more perfect. This paper is divided into four parts:The first part is an overview of the system of the preliminary examination on duty crime. According to the history of development of the system of the preliminary examination, I will present the reason why it exists and the positive effect, in order to show that it's necessary to exist. The second part talks about the dispute in theory. First I will present different study's ideas about the concept and property of preliminary examination, and then I will compare them and lead to discussing the legitimacy of the system of preliminary examination with the conclusion that it's illegal. The third part talks about the weakness and problems of the system of preliminary examination. First I will point out that its weakness results of our poor legislation; we don't distinguish different kinds of preliminary examinations which have different legal effects. It also results of our Criminal Procedural structure that we should register before investigation. At last I will show some problems in reality to prove my views. The forth part talks about the improvement of the system of preliminary examination on duty. This part will be divided into legal authorization, controlling power in procedure and supervision three parts to discuss. Legal authorization needs us authorize preliminary examination according to their different legal effects. Controlling power in procedure needs us adjust the criminal Procedural law with canceling registration, dividing investigation into preliminary investigation and formal investigation, and defining preliminary examination as preliminary investigation. Supervision needs us to supervise from both of inside and outside.