域外刑事诉讼启动程序研究

Research on Start-up Procedure of Foreign Criminal Proceeding

立案程序作为我国刑事诉讼特有的启动程序,其设计的科学与否,对全部诉讼活动的运行具有重要意义,但实践中立案程序却暴露出诸多的问题。采用这一热点问题比较的方法,分析域外国家的刑事诉讼启动程序,以期对我国刑事立案程序存废有所裨益。

Placing a case on file was a start-up procedure in China＇s criminal procedure. We analyzed whether it was designed scientifically or not. It had important meanings in running the proceedings activities, but in practice, there has come out many problems on placing a case on file. In this paper, we used comparative method to analyze foreign criminal proceeding, expected to give some suggestions on whether to abandon the process of placing a case on file in criminal proceeding.