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侦查启动程序是侦查机关办理刑事案件起始阶段,它标志着国家对于犯罪行为追诉的正式开始。我国现行《刑事诉讼法》将侦查启动程序规定为独立于侦查阶段的立案程序,但是立案程序无论是在立法上还是实践中都有待进一步探讨和研究。从侦查启动的固有特性来看,我国应在采用程序型侦查启动模式的基础上,将立案程序并入侦查程序予以规定,同时完善相关配套制度,加强检察机关对侦查启动程序的监督。
The investigation and start-up procedure is the initial stage of handling criminal cases by the investigating organ, which marks the official start of prosecution of criminal acts by the state. The current “Criminal Procedure Law” of our country stipulates that the investigation and start-up procedure is a procedure that is independent of the investigation stage, but the procedure of filing the case remains to be further explored and studied, both in legislation and in practice. Judging from the inherent characteristics of investigation and start-up, our country should incorporate the procedures for filing cases into the procedures of investigation on the basis of adopting the procedural investigation and start-up mode, and at the same time, improve the relevant supporting systems and strengthen the supervision over investigation and initiation procedures by procuratorial organs.