The Preliminary Investigation System In Criminal Procedure

Preliminary investigation is an important legal system in our country before registering.. It comes into being in the practice and develops t in practice. Preliminary investigation in essence is an investigation activity, the public security,procuratorial procuratorial organs use the power of investigation for the judge ment of the case clue is in accordance with requirements. On one hand, it can meet the need of public security and judicial organs in handing cases, has important significance in the fight against crime. On the other hand,it can solve the provisions of the Criminal Procedure Law does not improve the adverse effects. This system plays an important role in the criminal procedure in china. But because of the current criminal procedure did not clear its concept, the system of preliminary investigation is legal or not still in dispute in our country in theory. It brings the confusion in judicial practice. So the research and explore the preliminary investigation deeply have a great significance to ensure that criminal investigation work soothly,and to further improve and promote china’s crimina procedure law.In this paper the author from six parts to study our country’s criminal investigation system:The first part defines the system theory. introduction the emergence and development of the preliminary investigation. Discussed the characteristics of china’s system of preliminary investigation. Special analysis of the relationship between the preliminary investigation and after investigation. Preliminary investigation is generalization investigative in nature, is a kind of arbitrary investigation method.The second part according to china’s relevant judicial interpretation and regulations,introduced the specific procedure of our preliminary investigation, analyzed the characteristic of china’s investigation procedure.The third part is analysis of the function of our current preliminary investigation in the procedural law, further illustrates the importance of the system. The preliminary investigation system in our criminal procedure law plays a prudent file function, human rights guarantee function, scientific litigation efficient function, power restriction function.The fourth part is analysis the evidence ability of the preliminary investigation witch is the largest difficulties in the judicial practice. Though the analysis of the obstacles witch the preliminary evidence face and the possibilities of preliminary evidence has evidence ability. Certainly the verbal evidence and physical evidence using legal means have the evidence ability, the verbal evidence and physical evidence witch collected by not law means have evidence ability or not is according to the different means of method.The fifth part analyze the problems and the causes of the preliminary. Our country’s preliminary investigation system exist unclear legal status, lack means of investigations,lack of civil rights protection program defects. The reasons for these difficulties are that, judicial practice’s filing standards grasp unreasonable, the preliminary investigation of the supervision mechanism is not perfect, and unreasonable evaluation mechanism.The sixth part through the investigation of some representative foreign countries’ preliminary investigation,to find the direction of the reform of china’s preliminary investigation.our country’s preliminary investigation system should be a part of file. After the case is accepted and written examination,it is a selective stage. In view of the existing problems at the present stage of preliminary investigation, we should be rational allocation of the power, improve the specific operations mechanism and the auxiliary mechanism.