Justifiability Of Procedure About The Investigation Of Criminal Clues

Due to lack of clear rules about the beginning of investigation, vague legal would be in serious doubt about whether investigation shall be carried out if criminal cases have not been filed, for investigation of criminal cases is facing such a dilemma: A large number of cases without investigation can’t be filed if criminal facts are unidentified;There are high risks if criminal cases are filed rashly; risk reduction need a investigation which is illegal before register. It is difficult to completely clear to achieve the requirement of the criminal procedure law when a large number of cases in the judicial practice shall consider whether to register, which is harmful to protect the victims and provide Investigation organ an excuse to avoid responsibility. Some cases cannot be put on record, hinders the investigation organ quickly organize investigation and collect evidences in time, which affect the efficiency to punish crime. Actually, many criminal cases could not timely filing that no detect or not to prevent without delay and reduce harm. The response as the pressure in the reality, the public security organ of china established the investigation system of criminal clues in order to find justice as sunlight between the law and the reality gap. Because of a lack of clear criminal procedural law, the investigation system of criminal clues has also attracted academic criticism. We should find that our criminal procedure legislation have defects in theory and comparative law. It doesn’t meet epistemology of criminal proceedings that the investigation only be carried out after register in theory is arbitrarily insisted, assuming that investigation is passive, concerning to the traditional protective investigation insufficiently, lacking of considering the prevention of crime and monitoring of public rights, not involved to the content of special laws completely...Through the methods of literature analysis, empirical analysis, inductive analysis, the first chapter of this article through the research about historical evolution of " investigation of criminal clues ", changes of legal background and discrimination of denotation,by using comparative law analysis, try to define the concept of " investigation of criminal clues " in theory. The second chapter through the research about function and risk, substance and procedure, etc, discuss the jurisprudential questions of " investigation of criminal clues ". The third chapter through the research about generalization on the analysis of the abnormal death and disappearance cases, study the advantages of " investigation of criminal clues " to the protection of the rights of citizens. The fourth chapter through the demonstration about " investigation of criminal clues " on crime prevention and in special law, prove the feasibility of " investigation of criminal clues " on expansive application. The fifth chapter summarize the full text, and propose the general principles, the principle of special law and of moderate expansion about " investigation of criminal clues ". The "investigation of criminal clues " with much controversy can partially resolve the problem of "difficult to start the formal investigation", embodies the initiative of investigation, it has unique and irreplaceable value which other systems and procedures can’t substitute in some special cases.