On The Perfection Of The Procedure Criminal Case

Filling a criminal case of criminal proceedings as an important component of the system, handling all criminal cases is a necessary procedure, which includes the public security organs, prosecution, courts are under the jurisdiction of the filing procedure in criminal cases, this limited to public security organs of the criminal case proceedings. Filing procedures for the public security organs is a criminal investigation departments of public security organs in accordance with the Penal Code, Criminal Procedure Law provisions on the crime and the jurisdiction of the case, for their discovery of the crime that the suspect objects, clues and the admissibility of crime reporting, complaints and other aspects of material and surrender review to determine whether the facts of the crime and criminal responsibility, to determine whether the activities into the investigation procedure. Investigation into program-based startup mode startup mode startup mode to a randomized, filing of criminal law procedure is a procedure based on the startup mode. Of the criminal case as a criminal investigation opened, the intent of the legislators filing procedure and the design is good, achieved through the process of examination and supervision of cases and filter, split function, can effectively protect civil rights and the effective allocation of investigative resources. However, the reality of our current legislators are not designed to achieve the original intention of filing procedures, the presence of functional alienation, registration and enforcement procedures are set on the virtual rigid. In order to solve the problem of rigid Criminal Case in subsequent legislation established a preliminary investigation, but preliminary investigation of the establishment and implementation of view, and can not solve the problems of criminal filing. The filing of a criminal in the criminal case if the only program (investigation initiator mode) of the small-scale, small environment to do research, will be caught in the plight of the leopard Glimpse. Criminal case proceedings should be placed to study the entire criminal proceedings, zoom into the legal environment to study, to distinguish between the overall and individual; study the existing system, the system also need to generate research ideas, to find origin, and thus understand the East-West difference between the system and set the basis for the legal system.The thesis is divided into four chapters, the first chapter is written in the theoretical basis of the criminal filing procedure, introduced the concept of criminal case procedures, functions and the legislative intention; second chapter is written criminal case procedures in the actual operation of China, found that criminal case program is running a series of serious problems. Chapter written by some foreign countries, the pattern of criminal filing process, from analysis of the advanced experience of foreign countries. Chapter IV is to improve the writing process of criminal case specific measures, including public security organs, the legislature's efforts have been implemented and my ideas of system reconsruction.