Thing ', "an Empirical Study

In our country, according to the provision of the "Criminal Procedure law", finding the trace of the suspects or criminal cases, the public security organization or procuratorial organization can place on file for investigation or prosecution. However, so far, the registration about business crimes has still been limited to person. The sixth all-china malpractice tort procurator work session explicitly put forward the bold idea of the work of filing procedure .On October 23,2002,the supreme people's proctor, the corruption of taxation and malpractice tort JianChaTing formulated on the procuratorial organs of the duty crime investigation department to file criminal facts, the interim regulations further implement the meeting spirit ,better regulated the things to put on record, for the procuratorial organs using on the basic things formulated according to things put on record, with the operability and pertinence.Other than the introduction and conclusion, the full text is divided into four parts, which is a total of 15000 words or so:The first part, with the concept of things put on record characteristics and legislation. According to"the interim regulations of the procuratorial organs on the duty crime investigation department to file criminal facts",the highest formulated by the people's procuratorial shall ,"in case things" is the decision of registration of People's procuratorate who refer to their own jurisdiction ,about the case of the criminal facts or the material of the report, accusation and surrender which are considered as a crime examination opinion for criminal responsibility ,but as to the criminal suspect ,who has not yet been established. In case things have their own special characteristics. First is "by the card to the investigation for" mode, the second is the investigation, and the third is concealed the forward pass investigation intention, ruled out interference. The final part of the present situation of the case of things was reviewed in this paper.The second part, empirical research situation and the problems found. Through to the L County H Province ZiZhen departments of the provinces on the data and the data on to things investigation found: a thing is to put on record low proportion of all, 8.54% of the cases; That put on record to account for only 9.34% of the people to put on record, that is less than one over ten. Next is the example of the investigation in a village anti-corruption group petitions against CunBanZi corruption in the village of each case , which illustrate"in case things"has been specialized except that the case will result in larger social influence and the criminal suspect temporarily cannot be determined. In time for calming things down, avoiding social contradictions they will upgrade to it. The third example is that investigation bureau of agricultural machinery charge on agricultural vehicles from illegal license and don't press requirements for the owners providing tax payment receipts case ,which show what to put on record in the application process has turned into people to put on record; The fourth is about the serious phenomenon of"Nothing down, nothing up". Here the " nothing up " means the filed case will not be reported to the procuratorial organs until investigation of cases has been finished ,which will be reported and put into filing procedure again . This kind of situation is as high as 80%. The last, in the effects of ways of putting on record to the final prosecution, the prosecution rate of in case things is as high as 100.00%, with people on prosecution rate of only 86.67%.The third part, analyzes the reasons. In case things in the applicable process meet a variety of the reasons for the resistance analysis: First, a CunBanZi in a corruption of superior case as an example, which show the characteristics of duty crime reasons: power threat with human interference. Second is about the investigator's interview and to put on record data and to things put on record data analysis, and interpretation of the concept of investigation personnel handling of causes, including the mistakes of the understanding on putting on record and putting on record in the notion of people to put on record ; Third is to handle the interpretation of policemen's ideas and analyze the policeman system reason. On one hand, the legislation is not standard, which lead to the investigators on reading of the law only "for itself", supervision and not in place; On the other hand, assessment mechanism is imperfect, they pay more attention to the specified amount and emphasize the prosecution rate, guilty verdict rate assessment system, misleading the direction of handling policemen. Fourth, a report of the village as an example show the fundamental reason, the determination of anti-corruption is not big enough, just skin-deep. The fourth part, perfect the countermeasures. The first is to update ideas, including objective understanding handling of filing procedure law meaning and legal conditions, the correct understanding things to put on record and increasing the anti-corruption determination. The second case is to perfect the system of filing .During the aspect ,the first thing we should do is to perfect legislation to change "think the occurrence of the crime, criminal responsibility shall be investigated"into "think there is the fact that the suspected criminal, they shall be investigated for criminal responsibility". The another thing we should is perfect the supervision of the ZiZhen case. The legislation clearly states the legal status of supervision, the scope of supervision and methods on the filed ZiZhen case. It is necessary to set clear supervision departments, such as the National People's Congress in the procuratorate setting up supervision over the work of the procuratorate office and supervising it. In addition to participating in the review and discussion on materials outside, they still can receive a prosecutor and the parties involved the appeal and complaint. Next it is of importance to perfect examination mechanism and build the examination system of quality first and aligning quantity.