On The Duty Crime Investigation System In China

Preliminary Investigation System is a system developed in duty crimes investigationprocess, it was adapted to the requirements of modern society against duty crimes in China,it’s the product of the reform of China’s economic, social, political and legal developments.But initially legislators does not confer legal status of the Preliminary InvestigationSystem, so it became a problem that whether the system is necessary to be exists. Many ofthe documents provides the system,such as a series of judicial interpretation of theSupreme People’s Procuratorate and working papers, But these myriad of regulations hasnot give Preliminary Investigation system a complete system definition.Contrary,Preliminary Investigation system has serious structural defects. Give a example,there isno provision about means of Preliminary Investigation, about what is the important part ofPreliminary Investigation. In the same time, the system of case register cause somedifficulties for the Preliminary Investigation, the standard is too high and the limitedmeans of Preliminary Investigation contradictions need to be resolved. Procuratorialorgans of the performance evaluation method also need appropriate adjustments.This article aims research Preliminary Investigation system of duty crimes, extensiveinvestigate similar foreign legal system, and offer advice to the Preliminary InvestigationSystem in China’s reform and improve. This paper is divided into four chapters, specificwriting is structured as follows:Chapter one is a detailed elaboration of the Preliminary Investigation ofcrimes,include the concept of the system,the causes of the system and so on.Chapter two is an analysis on the legitimacy of Preliminary Investigation of crimes,and explore the structural defects on the system design,and try to explore and designspecific program on its reform and improve. Chapter three is to inspect and study the legal systems of foreign criminal justicesystem similar to the Preliminary Investigation, and compared with the PreliminaryInvestigation system in China, inorder to get some experience to the Improve PreliminaryInvestigation in China.On the basis of the previous three chapters, chapter four try to give some advices onthe reform of the Preliminary Investigation system.Including the legal status, the reformof filing system, and the specification of the Preliminary Investigation.