Study On The Post Crime Of The Preliminary Examination System In China

Preliminary investigation is a unique system in the investigation of crimes taking advantage of duty. With the increase of the difficulties in investigation of crimes taking advantage of duty, preliminary investigation is playing a more and more important role as it can be said that the quality of preliminary investigation in the case will directly determine the success or failure of the further criminal investigation. The research on preliminary investigation in the investigation of crimes taking advantage of duty will certainly do help to improve the national preliminary investigation theory, by solving the problems of preliminary investigation we can fixed out the defect of the preliminary investigation system and provide the best recommendations. Therefore, it is quite necessary to do research on our preliminary investigation system which can help us find out current plight and think about how to build a more comprehensive preliminary investigation system in order to guide the practice of criminal investigation.In this paper, there are five sections below to study on preliminary investigation in the investigations of crimes taking advantage of duty:First, outline the preliminary investigation in the investigation of crimes taking advantage of duty in general, illustrate the main concept and development of preliminary investigation, and also discuss the nature of preliminary investigation.Second, point out the significance of preliminary investigation in four different parts.Third, study the current national preliminary investigation system including the principle and the process of preliminary investigation.Fourth, research on the defect and the difficulty of preliminary investigation system at present, including the following three aspects: 1, lacking of legal basis for the preliminary investigation, and its legal status is not so clear; 2, the operating system of preliminary investigation is not perfect; 3, lacking of effective supervision and restriction on preliminary investigation system which means human rights of the persons involved or implicated would not be well protected.Fifth, discuss how to improve national preliminary investigation system through the four aspects below: 1, make the preliminary investigation system as a rule in Procedural Law while absorbing foreign countries' experience in legislation; 2, improve the methods of preliminary investigation; 3, make the preliminary investigation as an formal investigation system; 4, establish the supervision system to keep the preliminary investigation in the right position.