Several Issues Of Investigative Termination Procedure

First of all, this article theoretic analysis investigative termination procedure on the angle of the value, the principle and the structure of criminal prosecution's, pointed out that investigative termination procedure in criminal prosecution has manifested the value of the safe,tne freedom, the order and the efficiency , its construction and the movement should follow and carry out the principles include the procedure legal , the innocent estimation , the control debate principle ,the equality , the defense and timeliness and so on. The investigative termination procedure in the lawsuit structure should also follow the triangle structure pattern that the procedure, the defend,and the trial tripartite combination .Second, with a comparison of investigative termination procedure during investigation in Continental Law countries and Anglo-American Law countries, take the American and Britain as representative's of Continental Law system countries, take Germany, France, Italy and Japan as representative's of Anglo-American Law countries . The former absorbs the inquisitorial model , have no independent investigative termination procedure, but have some regulations of the produre before examining. The latter absorbs the adversary model, pay more attention to the design and control of the investigative termination investigative termination procedure ,and have some rules of procedure in the legislation .Once more, through the overall research and theoretically analysis from the legislative and the practice situation what existed in our country , pointed out the questions existed of the investigative termination procedure .Finally, as the most important part in this article .This passage deeply analysis the flaws and the insufficiency of the investigative termination procedure in Chinese Criminal Procedural Law,include the conditions of the, the treatment of the investigation, and the supplement of the investigation etc. Put forward improvement and perfect measure suggestion:Investigating terminative condition"fact clear, the proof is definite, full" should embody further; Establish investigatation period and the system that"deem a suspected crime as non-crime"; Increase case withdrawal supervision and relief system; Reform nonprosecution system; Consummate the cases in the investigative termination procedure by procuratorial agency;Reform complement investigating system and so on.