Reform And Improvement Of Initiative Procedure Of Criminal Justice

Initial procedure of criminal justice is the important part of law system of criminal procedure,which not only belongs to independent link of legal system of criminal lawsuit,it's independent,also it's the beginning of criminal proceedings in our country.As is known to all,criminal lawsuit includes filing,investigation,prosecution,trial and implementation.In these five stages,filing is in a leading position and is the necessary stage to deal with all kinds of criminal cases for judicial organs,which is conducive to realize punishment of crime and protection of human rights.In recent years,however,there are some shortcomings in high filing standard,unclear nature of initial investigation and lack of case supervision mechanism,which lead to disorder in legislation and judicial practice of initial procedure of criminal justice.So it needs to be perfected in theory,playing function and value of initial procedure of criminal justice in the judicial practice.Therefore,in order to further aim at shortcomings in theory and juridical practice of initial procedure of criminal justice,this paper puts forward relevant suggestions and countermeasures,that is,make up shortcomings of initial procedure of criminal justice from designing scientific and reasonable filing standard,regulating nature of preliminary investigation before criminal registration,building criminal registration system and perfecting criminal registration supervision system.At the same time,during the improvement process of initial procedure of criminal justice,this paper uses the method of comparative study,imitates benefits of many countries by comparing the regulations of initial procedure of criminal justice in various countries,the continental law system and Anglo-American law system so as to enrich contents of our country criminal prosecution procedure in the contents of initial procedure of criminal justice in the theory and judicial practice and achieve effective unification of standardization and rationality,making initial procedure of criminal justice accord with original intention that puts legal system of criminal lawsuit as the first place and earnestly playing the value of initial procedure of criminal justice.This article is divided into four chapters,the first chapter is an overview of initial procedure of criminal justice,including its concept,characteristics and significance;The second chapter is inspection of foreign initial procedure of criminal justice,respectively to inspect United States,Britain,Russia,Japan and other countries and evaluate initial procedure of criminal justice and lessons to our country;The third chapter is introduction of present situation and defects of initial procedure of criminal justice,respectively to expound from the criminal prosecution standards,the nature of the preliminary investigation and supervision of criminal registration,thus analyzing the imperfection of initial procedure of criminal justice in our country;The fourth chapter is introduction of perfect countermeasures and ideas that aim at its existing defects.