A Complete Commentary On Intial Investigation System For Criminal Law

The criminal initial investigation system is the product of our country's long-term judicial practice.It was originally created by the procuratorial organs when investigating the crime cases.After being investigated by the public security organs and applied to the investigation and prosecution of most criminal cases,It has in fact become an important part of criminal proceedings.It is of great significance for investigators to investigate the case clues,to ensure the accuracy of filing,to crack down on crimes and to protect the legitimate rights and interests of citizens.But it is such an important litigation system,China's "Criminal Procedure Of Law" did not provide for it,did not give its legal status.In addition,there is a normative problem,lack of supervision and other issues,leading to the practice of violations of the legitimate rights and interests of citizens have occurred.Although there are many problems in the current investigation system,but it already exists,and for judicial practice necessary,I believe that the correct approach should be based on the in-depth investigation and analysis of the system based on the basis of their problems,and through some measures to improve the initial investigation system,so that the initial investigation system can better serve the judicial practice.This paper is divided into four parts,the main contents are as follows:The first part is the overview of the initial investigation system.Firstly,by analyzing the characteristics of the initial investigation activities,and points out that it is a non-compulsory initial investigationactivities.Then,the history of the initial investigation system is sorted out,so as to comprehensively understand the initial investigation.Finally,the legal nature of the initial investigation is discussed,clear the initial investigation is "quasi-investigativenature" of the litigation activities.The second part is the analysis of the current situationof the initial investigation system.In theory,the initial investigation system is in an unlawful situation in form because of the absence of the express provision of the law.In practice,the existence of the initial investigation system is too subjective,the initial investigation time is not clear,the initial investigation system as a whole is not standardized,and there is a lack of appropriate supervision and control and unreasonable performance appraisal and other issues,resulting the phenomenon of illegal initial investigation in practice.The third part is the investigation and reference of the foreign investigation system,and introduces the initial investigation of Germany,the initial investigation of France and the initial investigation of Italy.The period of the initial investigation,the supervision and procedure of the initial investigation and other aspects of the provisions,can improve the system of our initial investigation to provide a good reference.The fourth part is the improvement of the initial investigation system,the author thinks that should begin from the three aspects.First of all,should be clearly "investigate" in the law,including a written review andinvestigation activities when necessary,that is,set the initial investigation in the filing procedures.Secondly,it will clarify and standardize the specific procedures such as the start-up,measures,time limit,authority and end of the initialinvestigation system.Finally,by strengthening the horizontal,vertical and external supervision of the initial investigation system,increasing the right relief method of state compensation and reforming the judicial performance mechanismof the criminal investigation system to conduct a comprehensive improvement.