Preliminary Investigation In Criminal System

Initially examining is essentially a procedure before registering that the state power institutions investigate cases using a detection power. It comes into being in the practice. As specific handles before a criminal case,initially examining is widely used for a long time in the practice,but it is in the awkward condition at present.One reason is that legislation lags behind,the Criminal Procedure Law does not stipulate initially examining procedure for the first time.The other reason is that initially examining has not been standardized,systematized in the practice.There is not the implementation regulations.Many aspects problems need to be perfected and developed. From the lawsuit value stratification, initially examining is intrinsic,inevitable and indispensable procedure before the criminal investigating stage.It doesn't take people's subjective will as the shift, it is the objective existence procedure. Looked from the value stratification, on the one hand, initially examining procedure has its itself value.On the other hand, it has the objective value by limiting application of detection procedure. The author attempts to analyse the system from the historical evolution, the legal theory,the comparison of initially examining in two big legal systems related countries, the present situation and the flaws of the system in our country.He suggests setting up the system in our country by the crime news registration system.This article divides into four parts.The first part is the outline of the system.The author introduces its historical evolution, concept,characteristic and legal principle theory.The second part is the inspection and the model of the system in related countries of the English-America legal system and the mainland legal system.The third part is present situation and flaws of the system in our country.The fourth part is the perfection and development of the system in our country. The author thinks that we should confirm the system in the legislation, should be clear about the content, the measure and the deadline of initially examining and so on.