A Study On The Initiation Procedure Of Criminal Procedure In China

If criminal proceedings analogy a car, then start the program in criminal proceedings it is its engine, the only engine running well, in order to ensure stable and rapid car forward, so start the procedure set reasonable or not will be in small ways directly affect the behind other program can proceed smoothly, the major aspects will affect the ability to achieve the task of the Criminal Procedure Code. The relevant provisions of the Criminal Code of Criminal Procedure startup program or develop in early made, but with the development of the times, and now has been unable to achieve a new Code of Criminal Procedure requires accurate and timely identification of criminal facts of the case, the fight against criminals, respect and protection of human rights purpose. Code of Criminal Procedure to initiate a criminal case into the first part of the proceedings of each case into the proceedings must be filed first. But before making a decision of the investigation needs to be done a lot of preparatory work, so in practical operation, the investigating authorities before the decision of the investigation tend to be rapid and timely preliminary investigation in order to gather evidence, to enhance the validity of filing decision. However, this characterization of Criminal Procedure did not conduct the preliminary investigation stage is investigative acts, which would not produce timely evidence collection, evidence of the legitimacy of the existence of doubt proposed, low efficiency of the litigation issues.This paper will analyze four aspects. First, the first part is the basic theory of the criminal proceedings started proceedings described, including their concepts, functions and legitimacy; the second part analyzes the reasons for the current situation in order to initiate criminal proceedings startup programs and problems; and the third part presents type of criminal proceedings and the extra-regional countries startup mode model used and comparative analysis; the last chapter the author made specific recommendations to improve our criminal startup programs, including related systems should improve and supporting measures.