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立案是刑事诉讼的必经的阶段,并且具有相对独立的诉讼任务,其重要性不言而喻。然而在司法实践中,侦查机关普遍不是依据刑事诉讼法的规定“有犯罪事实需要追究刑事责任”立案,而是根据案件侦破的难易程度决定立案与否。这使得立案程序出现异化和虚置现象。原因是公安机关兼有行政管理和诉讼侦查双重职能以及公安机关内部规范、司法习惯与刑事诉讼法的矛盾。
It is self-evident that the filing of a case is a necessary stage of criminal proceedings and has a relatively independent litigation task. However, in judicial practice, the investigating organ is generally not based on the provisions of the Code of Criminal Procedure “criminal facts need to be held criminally responsible ” to file a case, but according to the ease of detection of the case decided to file the case or not. This makes the filing process alienation and dummy phenomenon. The reason is that the public security organs have the dual functions of administrative management and litigation investigation as well as the conflict between the internal norms, judicial practices and criminal procedure law of the public security organs.