A Review on China's Criminal Case-filing System from the Nature of the Site Inspection

The site inspection is the starting point and foundation of investigating and solving a case, an important way to obtain the investigation clue and crime evidence and takes a significant position in criminal suit. In our traditional theory, relevant laws and judicial practice, the connotation of site inspection is generally regarded as the investigating and checking on the spot and the nature of the site inspection is the investigation. The content of the site inspection should include investigation on the spot and paying a visit to the spot. From its nature, the site inspection before case-filing and that of non-criminal incident should be included in the investigation activities, but the existence of criminal case-filing system make it positive nature not actual investigation activities, thus the above system is unreasonable, and investigation is proposed to be defined as the starting point of the criminal suit.