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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. Deviation between expression and practice of preliminary investigation has both 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.