On Preliminary Inquiry System Of Case Under Investigation By The Prosecutorial Organization Itself

The preliminary inquiry system is an outcome of the proceeding practice of our prosecutorial organizations. The procedure of placing a case on file under criminal procedure law,complexity of crimes and application of placing quota in proceeding practice are the legal cause, practical cause and inherent cause of this system. Based on the regulations of the current criminal procedure law and relevant judicial interpretations,the preliminary inquiry system not only confronts lacking of foundations and theory confusions about the legal nature of this activity,but also confronts the practical problem of unclear legal status and non-standard current system. In the practices of criminal procedure,the preliminary inquiry system plays an active role in punishing crimes timely and properly,safeguarding human rights and maintaining the stability of society. Therefore,we should modify Criminal Procedure Law to confirm and improve the preliminary inquiry system of the prosecutorial organization.