On The Perfection Of Criminal Law System In China

Criminal prosecution in criminal procedure is a basic stage, independent litigation, is in the name of the country’s judicial organs shall be investigated for the beginning of the crime, has the vital significance.However our country law for investigation case the provisions of this system is relatively deficient, the incomplete of legislation in the criminal investigation in the judicial practice, there are many non-standard place filing system.In this paper, it is with a legal system of our country existing investigation as the center, combined with the public security organs, procuratorial organs in the actual case in the practice, analysis factors which may affect the judicial practice investigation filed, then in theory to explore how to establish a set of investigation case law system which accords with the situation of China, to meet the requirements of procedural justice and judicial efficiency, in the fight against crime and find the best balance between the protection of human rights.Investigation procedure in our country start mode type belongs to the program start mode, compared with abroad as starting mode model is the biggest difference between filing system design for the premise condition;This system is very important in the judicial practice, can rise to control the value of the mandatory measures to guarantee human rights function, can improve the legality of the criminal procedure and the control function of case of maintaining order value function.The current investigation of a case law system there is a big loopholes in legislation, legal status is not high, the specific legal provisions exist unreasonable place, not form a unified legislative system;The present investigation case law system is no principle as a guide, unable to balance the interests of all aspects, face to face to the order of freedom of the law of value and value conflict, unable to make reasonable judgment according to the principle regulations;Structure choice set off in pursuit of the theory of criminal litigation value, is not conducive to crack down on crime in time, and in some extent allowed investigators abuse compulsory investigation measures;Content on the set a lot of problems exist in the judicial practice, initiate the standard is not reasonable, unreasonable denotation of law, criminal prosecution supervision system is not perfect.Shall be set up in principle or general rules to the timeliness, validity of criminal procedure, can be set up relief as guidance specific system;Improve the existing conditions for filing system such as a case of the investigation, a case of establishing reasonable standards.To our country existing in the judicial practice of "preliminary investigation" system, clarify its position by means of legislation, perfect specific measures;Criminal prosecution supervision authority and functions, is the criminal prosecution supervision main body control file, prevent abuse of power in the case, and punishing crime and protecting human rights and the effective measures to protect social purpose;The perfection of criminal prosecution supervision system from the concept of overall, create a unified harmony and criminal litigation supervision system of legal supervision system of the "criminal procedural law" the provisions of the general principle and specifics, legislation and the judicial organs, the method of three organs enforce the rules of the criminal procedure law, rules, and explain the unity.