A Study On The Criminal Activity Sues The Procedure Straight

"The criminal activity sues the procedure is generally straight"refers to the suspect hasnot been suitable the arrest measure case’s criminal prosecution procedure. It most majorcharacteristic lies, in the criminal activity investigates in the process which carries on, has notbeen arrested by the prosecutor. In recent years, sued the case quantity swift growth straightalong with the criminal activity, the practice department sues the procedure regarding thecriminal activity the attention to increase straight, but take sued the procedure to be still fewstraight as the object fundamental research. Therefore, studies and consummates our countrycriminal activity to sue the procedure significance to be significant straight. This articlebesides the introduction and the conclusion, the main text is composed of three parts. Firstpart of right "the criminal activity sued the procedure a word meaning to carry onstraight"introduced that and formed the background to it, as well as the meaning expansionprocess has carried on the analysis. The basic unit handling a case personnel after will notarrest the link the criminal case legal procedure summary will be "sue the procedure straight",but after will arrest the case the legal procedure is called "catches, sues the procedure again".Such classified way is forms under the regularly pattern influence which our country criminalactivity detection arrests first sues again. In recent years, some area’s procuratorate excavatedhas sued the procedure to handle the aspect fast straight at the slight case the superiority,formed each kind new to sue the working mechanism straight. These mechanism’s appearanceenabled "sued the procedure straight" the meaning to obtain the expansion. The second part2010straight sues the case take Chongqing Y area People’s Procuratorate to examine theprosecution work as a sample, sues the procedure directly three subject matters which existsin the judicial practice, has carried on the analysis and the summary. The first question is, suesprocedure being suitable rate to be low straight. Its reason is mainly the Procuratorial agencyhas not been able to give authorization for arrest the stage to carry in the arrest necessityexamines specially, causes giving authorization for arrest to lead excessively high,simultaneously, the detection institution because of each kind of reason, to obtains a guarantorto post one’s bail awaits trial the measure to hold the cautious attitude suitably. Sues thesecond question which the procedure exists in reality is straight, the detection institutionregarding sues the case detection time to grasp straight is optional. The detectives delay handle transfer, the interrupt detection, the placement case’s phenomenon to be quite serious.The third question is, looking from the examination prosecution’s result, in the examinationprosecution case which the Procuratorial agency accepts, the major part was recognized thatinsufficient or does not constitute the crime case for the evidence sues the case straight,namely sues in the case "the question case" to be quite many straight. But through the caseanalysis, the detectives when transfers these cases, the innermost feelings knew perfectly wellthat these cases do not meet the prosecution condition. This phenomenon’s production, first isbecause our country disputed case abolishes system’s flaw; Next lies, the public security, theProcuratorial agency and do not constitute the crime case regarding the leaving undecidedcase, formed one kind to be accommodating the processing method--to withdraw the case.These two factors unified mutually, have encouraged the part detectives "tried one’s luck" thelucky psychology, some knew perfectly well that did not meet the prosecution condition tosue the case to transfer the examination prosecution straight, afterward by "withdrew thecase" the way returns detection stage, caused the case to be detained for a long time is suingin the middle of straight the procedure. The third part the question which summarizes in viewof the front part branch, proposed that consummates sues the procedure straight the relatedsuggestion. First, suggested that in the existing arrest audit program foundation, theestablishment can cover all criminal case the arrest necessity examination mechanism. Next,suggested that establishes sues the case detection time straight the restraint mechanism. Oncemore, suggested forms the Procuratorial agency case to track the supervising mechanism, bymelts the difficult case ahead of time. Finally, suggests from the legislation to establish thedisputed case to abolish the system.