论我国刑事初查制度的缺陷及改革方向

我国的刑事初查制度在司法实践形成并发挥了打击犯罪的积极作用,但由于缺乏明确的法律依据和规范体系而存在诸多制度缺陷,从一开始就备受争议。从根本上克服这一缺陷不能仅从完善初查制度本身入手,而应考虑改革我国的立案程序,建立随机型刑事侦查模式。

Deficiency and Reforming Trend of the Initial Investigation System of Criminal Lawsuit

The initial criminal investigation system developed in judicial practice and has played an active role in anticrime activities, but the setting up of the initial investigation system lacks basis in the criminal law. The unreasonableness of the current legislation has resulted in the imprecise application of compulsory measures and taking of investigation methods by the criminal investigation organs before a criminal case is placed on file for investigation. The author suggests that procedure for placing a criminal case on file be abolished and replaced by a relatively simple case registration procedure and that the current procedure for placing a case on file be incorporated into the criminal investigation procedure.