Concerning The Improvement Of The System Of Criminal Preliminary Investigation

In our country’s judicial practice, the investigation organ always prefers search to investigate, solves the cases before registering, or even neither solving nor registering. It is unfavorable to not only punish crime in time but also to protect human rights. In China, the "criminal procedural law" on the establishment of the filing procedure, the complication of the criminal cases and the diversification of the litigation practice are the main reasons for preliminary investigation system. In China, preliminary investig ation system is the product of lawsuit practice of procuratorial organs. In recent years, the preliminary investigation plays a positive role whether in self investigating case o f the procuratorial authority or in the ordinary criminal case of the public security orga n. However, the preliminary investigation system was not defined, it leads to the differ ences of the system in theory and to the nonstandard in judicial practice, and the syste m is in a very embarrassing situation. Therefore, a careful study and discuss about pre liminary investigation system plays a very important role in standardizing the investig ation work and promoting criminal lawsuit theory.Firstly, this paper has a brief discussion about the conception and characteristics of the preliminary investigation system and its status and history. Secondly, this paper makes an evaluation about the preliminary investigation process of France, Italy, Ger many and Russia, with the aim to the reformation and improvement of that in our cou ntry. And then, this paper analyzes variety difficulties faced in criminal preliminary in vestigation system and expounds the necessity of establishing criminal preliminary in vestigation system in China. Finally, this paper makes a comparison and summary abo ut several litigation startup modes in the world, and has questioned the filing procedur e in current "criminal procedural law" in our country. Based on this, the author puts f orward the cancel of independent filing procedure and establishes the criminal prelimi nary investigation system under the guidance of investigating preliminarily according to the law, the requirement of random investigation, and the tenet of investigating prel iminarily secretly, rapidly and timely and the rule of moderation. Besides, the author a lso gives a detail explanation on the specific norm in preliminary investigation system and restriction to the right and the ability to acquire testimony.In the author’s view, the ideal goal of reforming the preliminary investigation sys tem in our country is to cancel the independent filing procedure, to put the preliminar y investigation process into the legal criminal one and to standardize the criminal preli minary investigation in order to solve different problems existent.