Research On My Country's Criminal Pre-trial System

The Criminal Procedure Law of the People's Republic of China clearly stipulates that public security organs should start preliminary inquiry into a case after investigation,for which there is evidence that supports the facts of the crime,in order to verify the evidence which has been collected and obtained.China's preliminary inquiry of crime has the function of continuing investigation,examining evidence,optimizing and guaranteeing the quality of cases.However,after decades of changes,the public security organs have shown diversified patterns in the construction of the preliminary inquiry system.Comparing the systems with foreign countries,the preliminary inquiry in China has its own uniqueness in terms of power subject,function orientation,relationship with trial and realistic environment,but it can also gain enlightenment about power restriction and balance.The existing problems in China's criminal preliminary inquiry work mainly come from four aspects: the orientation of litigation value,the control procedures of investigation power,assessment concepts and guarantee mechanisms.Under the background of trial-centered judicial reform,the improvement of the criminal preliminary inquiry system should conform to the trend of the times and the development requirements of the rule of law society,establish a department that independently exercises preliminary inquiry powers with clarified functions,and optimize the allocation of investigation power.