On The Start Of Process Of Criminal Proceedings

The start of process of criminal proceedings is the first tache of the state accusing the commit, and it means that the system of protecting the defendant's human right is beginning. In some degree, this process is the first conflict between the value of accusing the criminal and protecting the defendant's human right. As the start process is concerned, how to balance the two basic procedure values always is a long to say problem. This investigation consists of six parts.First of all, this text is adopting the dynamic analysis method to analyses the rationality and necessity at the beginning as the criminal contentious procedure of "starting the procedure criminally", provide "criminal to start procedure" description concept, make different kinds of modes of starting, compare with the discussion under a unified category. Secondly, purpose and task begun according to criminal suit, direct against the particularity at the beginning of criminal suit, having proposed starting the double structure theory of the procedure criminally, it is analyzed that the procedure of starting has function and principle. Moreover, through country criminal to start comparative law of procedure investigate to different law department, start various countries procedure type is it sum up with abstract to start for random type mode and procedure type start the mode to go on, compare their advantages and defects. Analyze the foundation of start of foreign countries, finally, analyze to criminal current situation and existing problem of starting the mode in our country, on the basis of adhering to original system advantage, reform its system defect, has proposed on the macroscopic our country starts the mode criminally, started from theproposed on the macroscopic our country starts the mode criminally, started from the procedure type, association of two cubic meters mode is changed into the random type and started, start the measure mandatory.The three sides controlling it make the mode up .On micro system design, maintain that sets up the information resignation system of the case to substitute the system of placing on file, regard it as the previous process of investigation. Strengthen the distributary's function for starting the procedure, implement two steps of types and investigate the mode. And expand right of defendant to advocate at supplementary measure, is it tell people reticent right, expand right of counsel to force to give, perfect criminal to start stage is it tell right of people relieve the mechanism, in order to meet the needs of starting the mode in random type to force, ensure accusing of accusing of debating the balance of strength.