Researches On The Improvement Of Criminal Procedure

In China, according to the Criminal Procedure Law that we know criminal proceedings need to go through five stages. The filing procedure is located in the first stage of the five and is necessary stage of handling criminal cases. filing procedure on Criminal Procedure Law provisions is also regarded as a major feature. setting the file for the primary purpose of the program is to achieve unity of the punishment of crime and the protection of human rights. In recent years, in the filing procedures apply to the judicial practice in the process found some flaws, which restricts the conduct of the administration of justice and also violate our citizens’ legitimate personal freedom and property rights. To compensate for these shortcomings, so that the current filing procedures in the application process better for the judicial practice services. This article will discuss the following four parts:The first part is written in the criminal case procedure functions. our filing criminal investigation procedures have three main functions. It’s about controlling of the criminal investigation, regulation of the investigative jurisdiction and management of the criminal case These functions of filing procedures should not be ruled out criminal prosecution of those situations, but also to prevent abuse of investigative measures to safeguard the legitimate rights of citizens.The second part is written in the criminal proceedings startup mode. In the world, due to the history and culture of the world, the basic national conditions and inconsistent traditional litigation, resulting in different national litigation startup mode. While countries with different features, but generally speaking they can be from two modes, the first is a random type of start-up mode, and the second is a program based startup mode. Initiative, is characteristic of stochastic randomness startup mode, precisely because of these characteristics, so it can promptly punish crime, but also lead to the investigating authorities and to the applicable investigation arbitrary measures. The program type startup mode, to protect human rights, but also because of its constraints on judicial power, resulting in the punishment of crime can not be timely. The advantages and disadvantages of each of these two models have litigation, we need to learn the advantages of these two models to improve China’s criminal case procedures.The third part is written in procedural problems of criminal case. on the one hand the crimes through the criminal proceedings to be handled,on the other hand also allowspeople with no criminal impunity, protection of their human rights, plays an important role in the legal system of our country. But in judicial practice, our filing procedures is divorced to social reality that it can not meet the practical needs. Filing of criminal procedure to play its three functions at the same time, the issues are also increasingly exposed, such as the nature of the preliminary investigation is not clear, standard condition limiting excessive filing, the filing ineffective supervision. Through the analysis of these issues, let us more comprehensive understanding of filing procedures, in order to find the appropriate measures to correct them.The fourth part is written about how to improve the criminal caseprocedures. Through the analysis of the third part of a series of problems that we know what is the question exist in filing procedures. To solve these problems we propose appropriate measures for improvement, such as the nature of the preliminary investigation clearly reduce filing standards, and other measures to improve supervision filing. As a result, after the filing has been improved in the course of running the program.it can provide a better services for the judicial practice, so that criminals can be punished and innocent people’s rights can be protected.