| Initial investigation refers to the general term for the document review and related investigation of cases that have not been registered by the procuratorate and the public security organs before they are registered and investigated.The subject of the initial investigation is the public authority of the state,and the main way of the initial investigation is some non-mandatory measures.In practice,sometimes there is the phenomenon of "replacing investigation with preliminary investigation".The uncertainty of the behavior mode and nature of the initial investigation will lead to the lack of effective legal protection for civil rights in practice.The entity condition stipulated in the filing procedure is the main reason for the existence of the preliminary investigation procedure.The preliminary investigation system is a system to review cases in accordance with legal standards before filing,which is of great significance to the judicial system to better punish crimes and protect human rights.If there are problems in the preliminary investigation system,it is likely to affect the later investigation,prosecution and trial.With the development of economy,the types of crimes are increasing,and the initial investigation behavior of the investigation organs helps to find and punish crimes.We should face up to the relevant problems of the initial investigation behavior,combine with the provisions of foreign initial investigation behavior,make the initial investigation system in line with our national conditions,so that the initial investigation behavior has laws to follow,and play its due utility and value.The first part of this paper is to explain the basic theory of the preliminary inspection system,and to distinguish the relevant concepts.What is the behavior of the initial investigation,the starting mode of the initial investigation and the investigation,the difference of the behavior measures,and how to divide the two stages? And the role of the initial investigation behavior is different from the investigation behavior is explained.The second part analyzes the current situation of the preliminary inspection system from the legal level.The primary inspection system is facing the legal level of the blank,as well as the corresponding due to the vacancy of the legal problems.Initial inspection system positioning is not clear,the initial inspection means is single,the initial inspection supervision system is not perfect.The third part focuses on the analysis of two special types of crime,duty crime and economic crime.These two types of crime are complex and hidden.The initial inspection system can play an important role. |