A Study On The Initiation Of Criminal Investigation

The initiation of criminal investigation is very important in Criminal going after an appeal。Nowadays, many states in the world choose the random mode in the initiation of criminal investigation and adopt judicial review system. However, our country chooses the procedure mode. Under the influence of criminal procedure law of U.S.S.R, File Case becomes the first and necessary step of criminal procedure in China.Base on the analyses of two initiation modes of criminal investigation in the world, it is pointed out that the random initiation mode is more scientific and rational than the procedure initiation mode. Then, the dissertation makes an all-sided rational consideration on File Case. We have known there are some serious defects and difficulties in File Case. The facts show that the procedure mode has not achieved its aims of human right protection and striking crimes. It has brought much grave consequence. So, it is necessary to reform File Case. We should abolish File Case in order to obey the regularity of the criminal procedure and the characteristic of the criminal investigation. It let the criminal investigation react promptly and in time so that we can strike crime efficaciously. The other hand, File Case is far form performing the rough task of guaranteeing legal implementation of investigation power. So ,we can restrict the investigation power through adopting judicial review system and endowing more right to the suspect.There are four sections in this dissertation and the formal body is about 34,000 words.The first part: the overview of criminal investigation. This part introduces the definition and value of the initiation of criminal investigation. Then, it is pointed out that studying the initiation of criminal investigation is very importantThe second part analyses two initiation modes of criminal investigation in the world. The part introduce some random mode countries, such as German,France,Japan,England,American and some procedure mode countries, such as China and U.S.S.R. Comparing the two modes, we think the random initiation mode is more scientific and rational. It can strike crimes and safeguard human right.The third part discusses the original intentioned and problems of File Case in our country. The facts show that the procedure has not achieved its aims in making it out .There some serious problems in File Case .The part have enumerated several examples ,for exhibition of low efficiency of striking crimes , exhibition of incapability of controlling power……The main reason is the unreasonable system design. It is it is necessary to reform File Case.The last part: reforming File Case. The part introduces the fundamental principles of criminal investigation. Then, the dissertation discusses that File Case should be abolished from Chinese criminal procedure law and the random mode of initiation of criminal investigation should be adopted. At the same time, criminal information filing system and judicial review system should be established in criminal procedure.