刍议我国侦查启动程序

A Discussion on the Starting Procedure of Investigation

立案程序一直是刑事诉讼法修改中讨论的热点。作为侦查启动程序的立案程序在实践中常常有初查和审查穿插其中,而不具侦查法律属性的初查和审查的出现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,应充分考虑侦查实践中审查与初查的合理性,从而在立法上做出完善,使之与实践统一。

The procedure of building a case is the focus in revising the criminal procedure law. As the beginning procedure, there lie examination and checking in the course of building the case. Examination and checking destroy the legislation of the criminal procedure. The completion of the procedure should be based on practice, with the rationality of examination and checking taken into account, thus to be improved in legislation and to be unified with practice.