刍议我国侦查启动程序

立案程序一直是刑事诉讼法修改中讨论的热点。在实践中,作为侦查启动程序的立案程序常以初查和审查为前提,而不具备侦查程序法律属性的初查和审查,在一定意义上否定了刑事诉讼程序的正当性。对侦查启动程序的完善应从实践的角度出发,充分考虑侦查实践中初查和审查的合理性,从而在立法上加以固定和完善,为侦查启动程序提供法律依据。

Discussion on the Starting Procedure of Investigation

The procedure, which the police build, is a heated discussion point in the criminal procedure law which being revised all the time. As the beginning procedure, there lies the first examination and checking in the course of building the case. The first examination and checking destroy the legislation of the criminal procedure. The completion of procedure should proceed from the practice, and it should consider the rationality of the first examination and checking, thus make completely and regularly in legislating, and supply legal basis for starting procedure of investigation.