摘要
Preliminary investigation generates from China's investigation practice of duty crime spontaneously.The deviation between expression and practice of preliminary investigation has both advantages and disadvantages,doing more harm than good.In order to solve the problem,the benefit drive mechanism of actors of preliminary investigation should be changed from two aspects:to make mechanism of target assessment scientific and to evade risks from objects being investigated;legal consequences for violating preliminary investigation procedure,implementation mechanism and supervision and restriction mechanism of right to preliminary investigation should be reasonably established.
Preliminary investigation generates from China ＇ s investigation practice of duty crime spontaneously. The deviation between expression and practice of preliminary investiga- tion has both advantages and disadvantages, doing more harm than good. In order to solve the problem, the benefit drive mechanism of actors of preliminary investigation should be changed from two aspects ： to make mechanism of target assessment scientific and to evade risks from objects being investigated; legal consequences for violating preliminary investigation procedure, implementation mechanism and supervision and restriction mechanism of right to preliminary investigation should be reasonably established.
出处
《学术界》
CSSCI
北大核心
2015年第11期269-274,共6页
Academics
基金
the staged achievement of the National Social Science Fund Project“Supervision and Restriction Mechanism of the Procuratorial Investigation Power”(12CFX041)
