Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 109 When a public security organ or a people's procuratorate discovers a criminal fact or a criminal suspect, it shall file a case for investigation within its jurisdiction.
Article 113 If the people's procuratorate thinks that the public security organ does not file a case for investigation, or if the victim thinks that the public security organ does not file a case for investigation, it shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice.