11刑诉法之立案(09年司考三大本分段学习)（11 criminal complaint act (2009 sau)）.docVIP

11刑诉法之立案(09年司考三大本分段学习)（11 criminal complaint act (2009 sau)） The eleventh chapter puts on record Section 1 concept and significance of filing I. The concept of filing Investigation in criminal proceedings, the peoples Procuratorate, the public security organ refers to the fact that a crime or a criminal suspect, or public security organs, peoples Procuratorate, the peoples court for report, accusation and surrender of the materials, materials and the private prosecutor prosecution, review in accordance with their respective jurisdiction after a lawsuit decision as a criminal case for investigation or trial. As a sign of filing criminal procedure at the beginning of the legal stage, every criminal case must go through at the same time, this stage of the proceedings has relative independence and action of specific tasks, simply decide whether to start criminal proceedings. As an independent stage of litigation, registration has the following characteristics: (1) filing is the starting procedure for criminal proceedings Filing, investigation, prosecution, trial and enforcement is the five common procedure established in the criminal procedure law. Public security organs and judicial organs must carry out criminal proceedings in strict accordance with legal procedures, and can not arbitrarily transcend and reverse any stage of litigation. Only after the completion of the tasks in the previous stage can the proceedings be carried out at the next stage. Only in this way can the principles of procedural legality be truly carried out. Filing procedure is the beginning of the whole criminal procedure. (two) filing a case is a necessary procedure for criminal action In accordance with the procedures of legal principle, public security and judicial organs for criminal proceedings must be strictly in accordance with statutory procedures, can not be reversed, beyond any one stage of the proceedings, the only way to ensure the public security and judicial organs to handle crimina