On First Investigation Of The Case Under Investigation By The Prosecutorial Organization Itself In China

First Investigation is a system formed by prosecutorial organizations gradually in a long process of detecting by oneself. Besides that, first investigation was clearly explained in Rules of the Criminal Lawsuit about People's Prosecutorial Organizations ( shortened as Rules).Although the system becomes more and more important in the investigation of law suits, there is no concept concerning that system in our Criminal Lawsuit, which results the system in an embarrassing state. Studying the first investigation system is essential to the further development of anti-bribes work and perfection of the Criminal Lawsuit.There are four chapters studying the First Investigation System consisting mainly 30,000 words.Studying the judicial problems has to think about the fact in order to acquire the real theory. Therefore in the first chapter I try to get a basic description about the nature of the system, which is also the basis of the latter part of thesis. In my opinion, the system has six characters by the analyzing three cases: First, the system has an extensive range and a large work load. Second, it has no fixed mode and higher percent of discretion. Third, its goal is to find the criminal evidences, which makes a good basis for setting the case. Fourth, its character is as same as the investigation. Fifth, it becomes stronger during the developing. Sixth, it still has some aspects which don't abide by the law in some sense.There are obvious contradictions between the important role of the first investigation and its embarrassed situations, which I try to analyze in the aspect of the law,the theory and the fact. In legislation, the first Investigation System lacks the basic evidence of the law. Besides that, the rules of the prosecutorial organizations did not obey the law, furthermore, the Rules has logic contradictions. In theory, there are three different points of views: objection ,support and reform. In practice ,there are many defects ,such as the lack of the uniform standard , the necessity of perfecting the management, and so on.On one hand is the embarrassed situations of the first investigation system,on the other hand is the preference paid by the department , which is analyzed in the third chapter. Firstly, by analyzing the certainty of practice and its necessity in the case, it is concluded that first investigation is an indispensable part. Second, combining the law suit starting functions, I studied the phenomenon of the first investigation, and proposed that the best way is to reform rather than delete.After all those we have done, we can actually find the methods to reform the first investigation system. In the fourth chapter, I put forward the specific conception. As to the reform, it should be performed in two parts: legislation and practice. As for legislation, we should cancel the dependence of setting a case, and put up a flexible procedure- starting system. In practice, first we should improve the first investigation procedure. Secondly, we should set up the concept of first investigation system, and try to improve the mechanism of management. Thirdly, enhance the construction of the system, carry out the set of system of investigation and keeping the secret. Finally , we should strengthen the supervisory mechanism of first investigation.