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我国现行刑事诉讼法把立案作为一个具有独立诉讼地位的程序予以规定。从立法者的本意看并无问题,但由于对立案这一程序的法律地位、立案标准、立案审查性质与手段及立案与侦查的关系等问题认识上的偏差,导致该程序广受学者诟病。本文试在对以上问题进行回答的基础上对立案中的不当认识予以澄清并对相关制度提出完善建议。
The current Criminal Procedure Law of our country stipulates the filing as a procedure with independent litigation status. There is no problem with the intention of the legislator, but due to the deviation of the legal status of the procedure of filing a case, the standard of filing a case, the nature and means of filing a case and the relationship between filing and investigation, the procedure is widely criticized by scholars. Based on the answers to the above questions, this article tries to clarify the improper cognition in filing the case and puts forward some suggestions to the system.