On The Perfection Of The Starting Procedure Of Criminal Procedure

As the beginning of the whole criminal procedure,the starting procedure of criminal procedure plays an important role in the subsequent stage of litigation,such as input,shielding and diversion,and has an important influence on the effective punishment of crime and the protection of human rights.The starting procedure of criminal procedure in China is marked by criminal registration,and the independent litigation procedure must be adopted when filing a criminal case.China's "Criminal Procedure Law" 6 Provisions on the criminal case,although the overall strict and logical,but because the relevant provisions are not perfect is affected by the former Soviet Union in the criminal justice system and the supporting system of the existing criminal standard is too high,the nature of the criminal case before the investigation is not clear,the criminal case supervision mechanism exists loopholes,resulting in the judicial practice of criminal litigation filing difficult,and There's no making without breaking.stand without detection,the administrative punishment instead of criminal penalties and other issues.Extraterritorial criminal litigation mode can be divided into two kinds,one is based on the Anglo American law system country,no special provisions start criminal proceedings,in general there is a specific object for the prosecution start mark;another is the civil law countries as the representative,no special provisions start criminal proceedings,criminal procedure is started start with the initiation of the investigation.For further improvement of China's criminal procedure to start the program,the author suggests to establish the standard of criminal case,reforming and perfecting the system of criminal investigation system reform,perfecting the criminal case supervision mechanism etc..Through the reform and improvement measures of this series of operational criminal filing system,we must strive to make our criminal proceedings start procedure suit the needs of modern rule of law,and better play the role of punishing crimes and safeguarding human rights.