On The Start Of Process Of Criminal Proceedings

China's Criminal startup mode is modeled on the original establishment of the Soviet model, and now can not meet China's current Criminal Procedure Law of the purpose of combating crime constraints, resulting in many problems arising in judicial practice.After the revised Criminal Procedure Law in 1996 has experienced rapid growth and high incidence of cases of stage proved the start of criminal proceedings at this stage and there is no direct constraints on the crime play a role in combat, so we should re-study of this issue.Theorisis has been on relatively small studies in criminal investigations,so we negkect to make the case to investigate the importance of.Criminal substantial evidence is gathered from the investigation stage, so set the investigation process is very important to the entire criminal proceedings,reasonable and timely detection program can collect evidence for subsequent prosecution and trial to provide smooth Help.Many cases because the evidence is not collected in time, delay time of the case can not always find out the truth. This community, the clients are extremely irresponsible.As a separate stage to start criminal proceedings, which is rare in the world, but in practice, placed on file as a start-up phase,would be too burdensome, delays can not be timely collection of evidence.Placed on file in criminal proceedings is that each criminal case must go through statutory procedures.Only after filing, other stage of the proceedings can in turn, public security and judicial investigation, prosecution, trial activities have a legal basis in order to produce legal effects.However, in many cases, if not accepted by the material necessary investigations, we can not confirm whether the conditions placed on file can be placed on file.This leads to contradictions.And placed on file under the current Criminal Procedure Code are too stringent,(1)facts of the crime occurred. This requires evidence to prove the occurrence of crime, crime is an objective fact occur, since it is an objective reality that must be able to prove its existence.So need some material to demonstrate that criminal cases have occurred.In the building stage does not need to master all of the evidence, but never any evidence can be placed on file.(2) and criminal responsibility."Criminal Procedure"under Article 15 of that six kinds of situations should not be placed on file,no criminal prosecution.If the preliminary investigation is not difficult to achieve this standard.This paper is divided into four parts to start the process of criminal proceedings.The first part is to start criminal proceedings analysis and understanding of basic concepts,explains what is a criminal procedure and criminal startup program startup mode.The second part is the present stage of criminal proceedings started, through the irrational factors in the analysis put forward at this stage to re-start procedures Construction of the criminal mind. Third part is an analysis of their criminal startup programs, national criminal startup procedures are based on the actual circumstances of their country setting, on the Construction of China's criminal procedure reference boot. The fourth part is the start of China to establish how the criminal process to further explore the abolition of our current filing procedure to establish a registration system for case information placed on file to replace the existing system, to the preliminary investigation process and the official investigation into two parts.