Research On The System Of The Preliminary Examination On The Economic Crime

Since China' s opening-up and reforming, there are great changes in the systems of politics, economy, law and culture. In Chinese modern society, the transformation of systems inevitably leads to disorder. The reform of social system, especially the economic reform, brings the prosperity and large amount of illegal economic behavior. There is increase in the economic crime. Generally, the economic crime occurs in such fields as civil, commercial, maritime and intellectual property. And the criminal activities are related with delinquencies. The complexity of this crime demands more strict examination before the filing a case.This dissertation is focused on the system and the theory of the economic criminal preliminary examination. I try to advance my advance to reform the system. There are four sections in this paper, and the formal body includes about 47, 000 characters.I begin the paper with the theory of the preliminary examination on the economic crime. The theory includes the characteristics, the system' svalues, and the system of proof. In the investigating economic crime, the preliminary examination is a series of verifying and proofing activities before the filing a case. At abroad, the judicial activities of the investigative institutes after the criminal occurrence are called to be the "preliminary investigation" . And the foreign states view the "preliminary investigation" as a part of criminal investigative procedure. China views the activities as judgmental behavior rather than litigious behavior. In China, we call the activities "preliminary examination (Chu-cha)" . The criminal judicial activities are special on the respects of its attribute, subject, goal and term. The "preliminary examination" on the economic crimes realizes some values such as freedom and order. In the proceeding of preliminary examination, the offices must look for evidences and produce them in proof of filing cases.The third part of this dissertation is the procedure of the economic criminal preliminary examination. The part includes elements, proceedings, tactics and methods. These activities must comply with the rule of related laws, undertake measurements timely, verify materials by public methods and secret ways, and protect human rights. The beginning of the economic criminal preliminary examination implies the activities of the criminal investigative institutes and the reporters. The proceeding of this preliminary examination depends largely on the tactics.In the forth part, I analyze the difficult conditions that Chinese economic criminal preliminary examination faced. The difficulties include investigating under the name of "the preliminary examination" , filing cases at random, abusing investigative power overreach the stage and the supervision. In order to resolve these, I design some advices to reform the system. Firstly, the law must entitle the criminal investigative institutes the power of preliminary examination; reform the filing cases, and regulatesstrictly the preliminary examination. Secondly, the criminal procedural law should establish a formation of "great investigation" , and this formation absorbs the preliminary examination. Finally, there should be some relative systems to help the formation. The relative systems include the system of resolve procedural disputes and illegal activities, the judicial examination system in the criminal investigation, and so on.