A Research On The Initiation Of Criminal Investigation In China

The initiation of investigation procedure means the beginning of the Criminal procedure. The main content of investigation procedure initiate consists of fact judgment and procedure start. Fact judgment decides what kind of fact can use procedure of investigation while procedure start helps to use procedure of investigation properly.From the legislative situation of the world, the initiation of the investigation procedure include random investigation startup mode and procedural investigation startup mode. From a legislative point of view, our country through the filing procedure to initiate investigation, it is classified as program startup. However, in practice, random investigation initiate practice already exists in our country, and gradually showed certain feasibility. It plays an important role in lowering crime rate and safeguard citizen’s rights.The purpose of this paper is to research the initiation of criminal investigation so the "file" mentioned below mainly refers to the initiation procedure of public prosecution case. Since the implementation of the first "Criminal Procedure Law", filing procedure has been in operation for a few decades in our country. However, since it can not meet the needs of reality, some problems such as free to initiate investigation, selective filing,"there’s no making without breaking", not in time to initiate the investigation after filing is uncommon. Those problems not only hinder the normal initiation of the procedure of investigation, also does not favor the prosecution of crime and protection of human rights.The structure of this article goes from theory to practice, then go back to theory again. The description of practice includes the overall framework of theoretical analysis. First of all, from the perspective of theory, I analyze the definition, the concept, the value, and the characteristic of investigation start-up procedures. I also analyze the existing practice related to investigation start-up procedures, such as the Criminal proceedings initiation, Criminal case filing procedure and Criminal preliminary investigation, hat analysis aims at the comprehensive understanding of investigation procedure startup both internally and externally.Secondly, according to our long-term investigation practice, connecting with practice, based on the test of practice theory, I summarize the operation status of the startup procedure in China, which also involved the implementation and operation characteristics of foreign-related investigation initiated. I made a theoretical summary based on initiate methods and initiate classifications. By focusing on current status, I expose the issues of investigation startup in the process of running and I dig into the reasons behind each problem. In conclusion, besides the lack of certain theoretical support in the filing procedures design in China, the poor running of investigation initiation is also influenced by the unreasonable appraisal system, the administrative system, traditional code of conduct, the concept of the rule of law and a series of complex factors.Finally, in view of the aforementioned problems and combination of theory and practice, I come to the conclusion that the current investigation procedure needs to be reformed. Based on the initiation procedure fundamental principles, I expound the concrete measures for complete the initiation of criminal investigation. First of all, from the legislation prospective, I suggest make the necessary regulations on the preliminary investigation system, and reduce the standard of the initiation of the investigation procedure. Then improve the supervision of filing system, ensure the smooth operation of the supervision mechanism. set up the client complaints system, and report the case situation to Procuratorial organs timely. Finally, in order to make those changes meet to the needs of the reality demand, we should also build a series of related measures, such as improving the exit mechanism of improper investigation, protecting suspects’relief powers and establishing a reasonable way of performance evaluation to reduce the undue interference of external factors.