Research On Initiation Procedure Of Investigation

Investigation is an important part of criminal procedure in our country,the main content of which is to find out the case,collect evidence and arrest criminal suspects.In general,the typical characteristics of the investigation procedure are initiative and coercion.On the one hand,the operation of the investigation procedure will consume a lot of judicial resources,on the other hand,it will have a great impact on the life of the criminal suspect and other people involved in the case,and it may even violate human rights.Therefore,it is very important for the public security organs or the people involved to start the investigation procedure prudently.The current investigation starting procedure in China belongs to the typical procedural investigation starting mode,which is not only the switch of the investigation procedure,but also the switch of the whole criminal procedure.Whether the starting procedure is set reasonably or not is directly related to the success of the subsequent procedures and the realization of the purpose of criminal proceedings.China’s investigation starting procedure was set up in the early stage of the criminal procedure law,which has been unable to meet the purpose of criminal law to crack down on crimes,protect human rights and maintain public security.Therefore,the investigation starting procedure is of guiding significance to the future development and reform of investigation starting.Due to the different historical background and the need of social environment,there are great differences in the detection initiation modes of different countries in the world.In Anglo-American law system countries,the mode of random investigation startup is mainly adopted.This mode allows investigators to start investigation randomly,which is more flexible and efficient.However,everything has two sides,and different types of investigation initiation modes are no exception.Due to the excessive power granted to investigators in the random investigation startup mode,effective supervision and restriction cannot be formed in the startup process,which easily leads to the abuse of investigation rights and the infringement of the legitimate rights and interests of the parties.Although the procedural investigation startup mode adopted in China has strict restrictions on the right of investigation in the startup stage,which avoids these problems,it also has the problems of not being able to fully crack down on illegal crimes and resulting in low investigation efficiency.Therefore,after the investigation startup mode in China has been studied and tested by scholars,it is urgent to reform it based on the results of research and testing,andbuild a more scientific and complete investigation startup procedure on the basis of solving these problems and integrating various advantages.This paper is divided into four chapters,the first chapter is mainly to investigate the basic theoretical problems of the starting procedure.Investigation starting procedure is the beginning of criminal procedure and the premise of other criminal procedure.A good investigation starting procedure has the functions of case input,case diversion,"non-case" screening and promoting supervision,which facilitates the supervision and restraint of the procuratorate and the supervisory organ on the investigation right.In the two types of investigation starting procedure mode,our country belongs to a few countries to choose the procedural investigation starting mode.However,with the continuous development of society and the continuous evolution of the crime situation,it is worth studying whether the traditional mode of procedural investigation can still meet the needs of today’s society.The second chapter focuses on the status quo of procedural investigation startup mode in China and analyzes the legal basis and problems of procedural investigation startup mode in China.Due to the stagnation of the development of the investigation starting procedure,it now faces many problems,such as the pre-filing procedure,which hinders the investigation efficiency.Illegal filing,selective law enforcement problems prominent;High standard for filing criminal cases,low number of filing;Filing,preliminary investigation vague,no time limit;The lack of supervision on the case filing and the lack of remedy measures all bring great obstacles to the value goal of justice and efficiency pursued by the criminal procedure,which is not conducive to the realization of the value of the investigation starting procedure.The third chapter is a comparative study on the starting procedures of extraterritorial investigation.Due to the differences in the legal systems of various countries in the world,the author mainly discusses the classification of foreign investigation initiation procedures in the common law system and civil law system,including the United Kingdom and the United States in the common law system and Germany and France in the civil law system.Under different historical background,cultural environment and legal system,this paper probes into the implementation status and characteristics of the investigation initiation procedures in various countries,and tries to find out their good enlightenment to the investigation initiation procedures in China,and strives to find the investigation initiation procedures that best fit the historical background,cultural environment and legal system in China.The fourth chapter aims to put forward some Suggestions on the development and improvement of the investigation initiation procedure and the concrete reform measures.Firstly,the author makes clear the necessity of the continuing existence of the investigation initiation procedure and makes a judgment on the selection of the mode.With the development and reform of society,it is a more appropriate choice to integrate the advantages of random investigation startup mode into the procedural investigation startup mode.The reform of the investigation starting procedure in China should follow the principles of timeliness and accuracy,fairness and justice as well as reasonable measures,effectively integrate the characteristics of the random investigation starting mode,and construct a scientific and efficient "two-step" investigation starting mode.To stipulate and refine the "preliminary investigation" procedure at the legal level;Lowering the starting standard of preliminary investigation and raising the standard of formal filing;Improve the information level of the investigation starting procedure and construct the online remote filing system;We will strengthen supervision over the procedures for initiating investigations and widen the relief channels for the parties involved.The investigation organs should effectively implement various reform measures,give full play to the positive effect of the new rules and methods,and refresh the operation of criminal procedure in China.