China's Procuratorial Organs Itself Cases Preliminary Investigation System

The preliminary investigation system is an outcome of the proceeding practice of our prosecutorial organizations. Although the system becomes more and more important in the investigation of law suits,there is no concept concerning that system in our Criminal Lawsuit, which results the system in an embarrassing state. Studying the preliminary investigation system is essential to the further development of anti-bribes work and perfection of the Criminal Lawsuit.The procedure of placing a case on file under criminal procedure law,complexity of crimes and application of placing quota in proceeding practice are the legal cause,practical cause and inherent cause of this system. The article gives an objective evaluation of the system on it's active value and offers explanation of the difficulty. In the author's opinion,the preliminary investigation system is indispensable for the People's Procuratorate to accomplish the detection of the crime of corruption. But in practice,this system faces many difficulties which is resulted from its intrinsic deficiencies such as the conflictions with other laws.The author declares the target of the reform is to eliminate the defects in our present preliminary inquisitorial system. To achieve this goal, we must integrate the preliminary investigation into formal criminal detection procedure,and standardize the preliminary investigation,confirm the effectiveness of evidence. Considering that lawmaking is a gradual process, the author makes some useful suggestions for the reform of our preliminary investigation system. Firstly, we should set up the concept of first investigation system,and try to improve the mechanism of management. Second, enhance the construction of the system. The third, taking the corruption crime characteristics into account, we should develop investigate means to raise the efficiency of the preliminary investigation. Fourthly,we should strengthen the professional construction management system,it requires a system of scientific assessment for the rational and efficient operation of our preparatory investigation. Finally, we should properly handle the relationship between preliminary investigation and discipline inspection and supervision work; and correctly handle and apply"12 hours"in Code of Criminal Procedure.