Criminal Investigation Procedures Start Mode

The initiation of criminal investigation includes two aspects. One is why to initiate criminal investigation. The other is how to initiate criminal investigation. The first problem actually is accessing facts. If only police have reasonable reasons to presume that there exit criminal acts, he can initiate criminal investigation immediately. Law can do little with it. The second problem is the key subject of this dissertation. The initiation of criminal investigation can be divided into two circumstances. In first circumstance the initiation of criminal investigation will not violate citizens' human rights. So it is not necessary for law to regulate it. While in the second circumstance the initiation of criminal investigation will restrict or infringe on citizens' rights. So it is necessary to regulate it by law. And in the second circumstance the conditions of the initiation of criminal investigation is the conditions of taking compulsory criminal measures. So the key research question of the dissertation is how to regulate it when police take compulsory criminal measures. We believe that the initiation of criminal investigation should base on the principle of human rights protection, the principle of public interests, the principle of acting in time, the principle of reasonableness and the principle of legality. Many states in the world choose random mode in the initiation of criminal investigation and adopt judicial review system. However, under the influence of criminal procedure law of U.S.S.R, File Procedure becomes the first and must step of criminal procedure in China. The facts show that this mode has not achieved its aim in making it out and brought much grave consequence. According to the legislation and successful experience of foreign countries, we think File Procedure should be abolished from Chinese criminal procedure law and we can adopt the mode of random initiation of criminal investigation. And criminal investigation procedure should be divided into two parts: preliminaryinvestigation and follow-up investigation. At the same time, we should establish criminal information filing system and judicial review system. But we do not think that judge should control the criminal investigation like he do it in France. The dissertation mainly consists of five parts.The first part indicate that investigation power actually is a kind of administrative power. Its aim is to collect all kinds of proofs and capture suspects. At the same time it protects innocent person and maintains social order. The key research question of the dissertation is how to regulate it when police take compulsory criminal measures.The second part discusses the fundamental principles of the initiation of criminal investigation. They include value-principles and technology-principles. Value-principles include principle of human rights protection, the principle of public interests, the principle of acting in time. Technology-principles include the principle of reasonableness and the principle of legality.The third part introduce investigation systems of some countries and regions, such as England, America, German, France, Japan, Taiwan Province of China and U.S.S.R. All of them except U.S.S.R choose random mode in the initiation of criminal investigation.The forth part analyze File Procedure of criminal procedure in China. The facts show that this procedure has not achieved its aim in making it out. The main reason is the unreasonable system design.In the last part of this dissertation it suggests that File Procedure should be abolished from Chinese criminal procedure law and the mode of random initiation of criminal investigation should be adopted. At the same time, criminal information filing system and judicial review system should be established in criminal procedure.