| Filing is an important part of criminal procedure in China. According to the stipulations of the criminal procedure law in our country, registration is the starting procedure of criminal suit, and is the independent stage that criminal public-prosecuting case must experience, the design of program is reasonable or not and the operation is smooth or not, will produce important influence for the proceeding of the follow-up criminal lawsuit activity and even all lawsuit activities and the realization of the criminal target. The present filing procedure is established by imitated the original model of Soviet Union in our country, although this model have been agreed and supported by theorists, but with the development of practice, it also has revealed its limitations increasingly, causing many problems in judicial practice, has been unable to meet the purpose of punish crime and protect people of the criminal procedure law in our country. After the revision of criminal procedure law in2012, crime rate has not declined, but has experienced the stage of rapid growth and high incidence of case, practice proves once again criminal proceedings start not directly to attack and restrict crime at the present stage, we need to research and study this question again. The theory has fewer studies on criminal filing and investigation, leading us ignore the importance of them. Because of evidence collection is not timely, delaying the aircraft, many cases can not always find out the truth, this is extremely irresponsible to the society and the parties. Therefore, improving the filing and investigation system in our country, designing again starting mechanism of public-prosecuting case, and ascertaining a proper start mode, has become a hot and difficult problems in theory of law and the judicial practice. For the existing defects and contradictions of our programs, we should be based on the mode of extraterritorial criminal procedure, and combined with the status of current national conditions and judicial studies in our country, and put forward some ideas to perfect registration procedures in China.This paper is divided into four parts for research:firstly, to research the basic theory on filing procedure, mainly discusses the concept, function and classification of the registration procedure; secondly, to investigate the mode of foreign criminal litigation, mainly through the comparison and analysis of criminal litigation’s mode of representative countries of Anglo-American law system and continental law system, so as to provide reference for the perfection of our filing procedure; thirdly, to analyze the current situation and the existing problems of filing procedure in China, propose ideas to perfect the registration procedure in our country; finally, to put forward specific proposals to improve the registration procedure in China. Mainly includes the lower filing standards, establish case information and registration information system, change the starting logo, change the starting mode, cancel the independence of the registration procedure, the establishment of "two step investigation" mode, to perfect the preliminary investigation and strengthen the procuratorate to the supervision of investigation etc. |
PDF Full Text Request