刑事立案异化及其原因

立案是刑事诉讼的必经的阶段，并且具有相对独立的诉讼任务，其重要性不言而喻。然而在司法实践中，侦查机关普遍不是依据刑事诉讼法的规定“有犯罪事实需要追究刑事责任”立案，而是根据案件侦破的难易程度决定立案与否。这使得立案程序出现异化和虚置现象。原因是公安机关兼有行政管理和诉讼侦查双重职能以及公安机关内部规范、司法习惯与刑事诉讼法的矛盾。

The alienation of Operation in Criminal Case Registration and its Inducements

After ten years＂ of development, China＇s criminal procedure law is bound to be modified. Case registration is a necessary step in criminal procedure law and its importance is self - evident as it is a relatively independent task in litigation. However, in judicial practice, the investigation organs don＇t register cases according to the provision of ＂ when there exist criminal facts, criminal liability shall be investigated＂ prescribed in criminal law procedure, but according to the level of difficulty in solving a case, which makes the procedure of case registration tend to be alienated. The inducements lie in the fact that public security organs possess the dual functions of both administrative management and litigation investigation and that there are contradictions among the inner regulations of public security organs, judicial practice and criminal procedure law.