A Study On The Preliminary Examination System Before A Case Placed On File

The preliminary examination was apractical term which used by the prosecution's Complaints Department handled a case originally, then it is introduced to the course of handling the case by prosecutors itself, and has been widely used. With the economic development of China and the deeply struggle against corruption,the preliminary examination system plays a important role on punishing corruption, and safeguard social fairness when prosecution investigating and handling cases of corruption and bribery and other job-related crime cases. But current "Criminal Procedure law"of China has not adopted the preliminary examination system. It lead a heated debate between the theory and practical system about whether the existence of preliminary examination system is reasonable or not .At the same time, with the accelerated process of China's rule of law, the conception of " protection of human rights" and "due process" has become more popular, and people put forward higher requirements about the preliminary examination of job-related crimes by the prosecution. Therefore, I believe, seriously and in-depth study and explore the preliminary examination about job-related crimes by the prosecution and formulating the rule of preliminary examination timely and operationally norms is of great practical significance.The body consists of four parts in addition to the introduction and conclusion of this article.The first part of the body outlined the system of the preliminary examination. First of all, it expounds the meaning and the causes of the job-related crime's preliminary examination system. I think the job-related crime's preliminary examination system not a result of "free judgment" by the prosecution, instead it is raised from three general factors including social conditions,the existing legal situation and the prosecution's existing appraisal system. Secondly it proof that the legal foundation and the practical effective of preliminary examination,and it means that the preliminary examination system has many function including conserve judicial resources, definite a clear direction, improve the quality of case, safeguarding national interests, and the protection of human rights.Finally,the author discuses the principles and characteristics of the preliminary examination system which includes: First, the preliminary examination system should follow four principles about start according to the law, secret, investigation appropriately, do not take the mandatory. Secondly, preliminary examination system has the characteristics of criminal proceedings and non-mandatory.The second part is on the status quo of the preliminary examination system.I mainly analysis aspects of both theoretical and practical : First, it exists the debate about the preliminary examination system in theory, mainly including the opponents, the supports and the reformers. The opponents thought the preliminary examination system should be abolished because it is illegal and harmful; the supports based our country's reality agree with the preliminary examination system, because they consider that there is the need for the existence of the preliminary examination system. The reformers are the mainstream, and they dialectical view the preliminary examination system. They insist on the preliminary examination system basis the reform and improve. secondly,the preliminary examination system operate orderlies in practice, mainly reflected in: the preliminary examination system do not close, arbitrary operations; the process of the initial investigation do not form effective collaborative efforts; little ways of the preliminary examinations, efficiency is not high; the lack of effective supervision.The third part is on the necessity of the preliminary examination. The author analyzes five aspect from the value system ,that it is based on the protection of human rights , the prosecution of cases increasing stress, do not file a reply system, enhance the effect of a case and the result of "anti-Correctional one "mechanism job.The fourth part is on the consummate of the preliminary examination. Based on the necessity of the preliminary examination, the author thought China should improve the preliminary examination system to make the system more effectively .This article Starts from the improving the preliminary examinations system and standardizing the practice of the preliminary examination: on the law, I think the system should define clearly the main body ,the content and the mission, the means and the deadline of the preliminary examinations system; in practice, the norms of the preliminary examinations system activity include: setting up the management mechanism of the preliminary examinations ,to determine the focus of the preliminary examinations; formulating a detailed program of the preliminary examinations; strictly disciplining the preliminary examination system, to strengthen and broaden the methods of the preliminary examination system; normativing the acts of obtain evidence,to improve the quality of the preliminary examinations; giving full play to high-tech, and strengthening cross-scrotal collaboration; accurately grasping the extent of job-related crimes investigation in early, to do a good job in the beginning of the convergence of search and the job file; to specificating the legal instruments of the job-related crime's preliminary examinations system.