Open AccessCriminal justice reform is a new requirement formulated to carry out basic strategy and target of ruling the country by law after we joined in WTO, and punishing crime and guaranteeing human rights are the two value goals pursued by modern criminal justice practice. Investigation is a part which belongs to criminal procedure system. However, whether the act of criminal investigation could be institute legal proceedings is still in dispute. On the one hand, there are abuse of right and dissimilation of power in the course of criminal investigation: on the other hand, we also should consider concrete present situation of judicial practice in our nation, and the particularity of act of criminal investigation itself. Our purpose is to give the solution to this question by the application of citing instances method, contrastive demonstrating and contradict the opinion of others. The thesis holds the opinion that it is suitable for the cognition of such problem to combine it with improper criminal investigation behavior, and give specific measures based on analysis of the nature of criminal investigation behavior and power disposition in criminal judicature now.