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对我国刑事诉讼法中刑事立案及其意义的一般认识不能排除合理怀疑。立案为“刑事诉讼的开始和必经程序”是仅具有话语实践意义的命题,也并非“迅速揭露、证实和惩罚犯罪”、“有效保障无辜公民不受刑事追究”以及“做好司法统计”等认识的逻辑前提。我国应构建初步侦查和正式侦查制度以及案件登记并报检察机关备案制度。这一制度使侦查机关在案件登记之前采取的侦查措施具有法律意义,有利于检察机关加强对侦查活动的监督和充分保障诉讼参与人的合法权益,同时能更客观地对刑事案件进行统计。
The common understanding of criminal case filing and its significance in our criminal procedure law can not rule out reasonable doubt. It is not only propositions that have only practical significance in discourse, nor are they “promptly exposing, confirming and punishing criminals”, “effectively protecting innocent citizens from criminal prosecution” and “Do justice statistics ” and other understanding of the logical premise. China should establish a system of preliminary investigation and formal investigation as well as registration of cases and reporting to the procuratorial organs for filing. This system has the legal significance of the investigative measures taken by the investigating organ prior to the registration of the case, is conducive to the procuratorial organs to strengthen the supervision of investigation activities and to fully protect the lawful rights and interests of litigants, and to make statistics on criminal cases more objectively.