Researches On The Improvement Of Register Of Criminal Procedure

As the starting procedures of criminal litigation and investigation,whether initiative procedure of criminal justice is improved or not is directly related to the realization of the value and purpose of criminal litigation in our country.With the change of criminal situation and the improvement of legal system environment,to some extent,the current initiative procedure of criminal justice fails to meet the need of our national situation and the social development. Therefore,it is necessary to reform and improve it.In this paper,firstly,it differentiates and analyzed initiative procedure of criminal justice and relevant concepts. Two different concepts of initiative procedure of criminal justice were analyzed,which were "phase theory" and "determinism" At the same time,it discussed the relationship among case filing and the starting procedures of criminal litigation and investigation.Then it studied the function of case input,shielding,and diffluence of criminal litigation and investigation as the starting procedures of criminal litigation and the differences of value orientation in different litigation stages.And the influences of the above functions were also studied.Targeting at the phenomenon of "emptiness" and "dissimilating" of initiative procedure of criminal justice in actual implementation,the reasons were analyzed in this paper from two perspectives of legislation and judicature.In order to seek for the basic thinking for solving the problems existing in initiative procedure of criminal justice,this paper make a comparison between domestic and foreign initiative procedure of criminal justice(criminal litigation procedures).The differences of each mode and their advantages and disadvantages were evaluated and analyzed. Finally,this paper proposed some suggestions for the improvement of initiative procedure of criminal justice in our country.According to the author,as the starting procedures of criminal litigation,it is still necessary for the existence of initiative procedure of criminal justice.However,we should divide the criminal investigation into initial stage and continued stage in legislation and case filing is the dividing lice for the two stages.Meanwhile,we need to unify and improve the specific conditions and standard for case filing,clearly understand the various relationships involved in the process of case filing,and guarantee the independency of judicature. Then finally it is expected to implement of initiative procedure of criminal justice smoothly and successfully.