On The Dilemma And Reform Of The Preparatory Investigation System In China

The preparatory investigation is a special system which is established gradually with the development of the work of the People's Procuratorate. It's undoubtedly that more and more problems are arising with the application of this system. This article tries to find the root of those problems and the progressive reform bill.There are two antithetic viewpoints on the preparatory investigation system. One regards it as a legal conception and accepts its legal status in the crime procedure while the other doesn't think so. Having made a full exposition of these viewpoints, the article gives an objective evaluation of the system on it's active value and offers a explanation of the difficulty .In the author's opinion, the preparatory investigation system is indispensable for the People's Procuratorate to accomplish the detection of the crime of corruption. But in practice, this system faces many difficulties which is resulted from its intrinsic deficiencies such as the conflictions with other laws.In order to present better proposals for the reform of our preparatory investigation system, this article explores a lot of related foreign laws. Because how to divide the investigation stage is connected with the constitution of the whole crime procedure, some foreign countries establish the preparatory investigation system in there crime procedure while others not. It's easily to start the investigation process all over the world. Furthermore, with the development of the crime, preparatory steps can be taken before formal investigation even in developed countries. In a word, there are no high standard for the starting and the division of the investigation process in the Western nations. They pay more attention on the regulation and the restriction of the power of investigation instead .This is a great help in our preparatory investigation system reforming.The author declares the target of the reform is to eliminate the defects in our present preliminary inquisitorial system. To achieve this goal, we must integrate the preliminary investigation into formal criminal detection procedure, start those processes on the same conditions, and abolish the case -filing system. Considering that lawmaking is a gradual process, the author makes some useful suggestions for the reform of our preparatory investigation system. The article thinks it is reasonable to reform it step by step at present and in the future. Firstly, more intricate rules should be made to improve the authority of preparatory investigation actions. Second, more rational regulations should be made to insure the efficiency and the safety. The third, taking the corruption crime characteristics into account, we should develop special investigate means focused on the technique measures conditionally to raise the efficiency of the preliminary investigation. Finally, it requires a system of scientific assessment for the rational and efficient operation of our preparatory investigation.