The Research On China's Preliminary Investigation Of Duty Crime System

Preliminary investigation of crimes and the prosecution of the report, complaints and surrender of such clues review written materials, and conduct the necessary investigations, identify the existence of facts of the crime and the need for criminal prosecution, to determine the need for investigation. This was the prosecution summary of long-term practical experience in the use of a wide range of judicial practice, investigating crimes is a key part of the protection of human rights, accurate filing and improve efficiency has an important role. Unfortunately, China's "Criminal Procedure" on the preliminary investigation is not clearly defined, only by the Supreme People's Procuratorate has introduced some judicial interpretation, the definition of preliminary investigations, procedures, measures were provided, the formation of a preliminary investigation of the basic system. As the preliminary investigation system in the legislative defect, leading theorists of the preliminary investigation on the nature, the legality of preliminary investigation, the preliminary investigation stage to obtain material evidence of ability to continue to debate the issue. The existing system is not the beginning of a scientific investigation complete system, the limited means of preliminary investigation difficult to achieve the high standards placed on file, unable to unify the country preliminary investigation procedures and other reasons exist for a long, resulting in judicial practice, there clues into the case was not high, locked in serious, checked against the right to imagine an object such problems have occurred. Authors attempt by the civil law in France, Germany, Italy, a similar system in criminal proceedings to inspect, startup focused on the investigation, detection pattern classification, similar to the preliminary investigation requirements, etc. to find useful lessons for improving our preliminary investigation of crimes and system for reference. I believe that China needs to clear in legislation the legal status of the preliminary investigation, the reform of criminal case procedures to judicial interpretation in the form of preliminary investigation and so improve the standard initial investigation system, while the preliminary investigation in healthy external oversight mechanisms, reform of the existing assessment of the investigation department mechanism, establish and improve relevant support mechanisms, and preliminary investigation. system itself form a concerted effort to ensure that the preliminary investigation and protection of human rights in the fight against crime, find the best balance between the middle position.