Legal analysis: If it is believed that there are criminal facts that require criminal liability and it is within its own jurisdiction, the case shall be filed with the approval of the person in charge of the public security organ at or above the county level; if it is believed that there are no criminal facts, or the criminal facts are obviously minor and do not require If criminal liability is pursued, or there are other circumstances that exclude criminal liability according to law, the case will not be filed with the approval of the person in charge of the public security organ at or above the county level. If the public security organ decides not to file a case against the accuser, it shall issue a notice of disapproval and serve it to the accuser within three days. The conditions for filing a case refer to the basic elements that must be met to decide on filing a case. It is the basis for judging whether the decision to file a case is correct. Two conditions must be met for filing a case: First, the facts of the crime, which means there is objective and real evidence to prove the crime that endangers society, including the preparation, execution, attempt, suspension and completion of the crime, but this does not mean that the evidence proves the crime. The need is indeed sufficient, and it should not be a conclusion drawn by case investigators based on estimates and guesses. The "there are criminal facts" here mainly refers to the fact that a crime has occurred, that is, there are criminal objects and objective elements; the criminal subject and the subjective aspects of the crime are not necessary conditions for the establishment of the case, but are factors that need to be further investigated to establish the case. question. Therefore, the evidence at this time is not required to be sufficient, nor is it required to catch the perpetrator, nor is it required to ascertain all the facts and circumstances of the case. The behavior to be filed for prosecution must be socially harmful and criminally punishable. Only when the criminal facts really require the perpetrator to be held criminally responsible can the case be filed for prosecution.
Legal basis: Article 176 of the "Procedural Regulations of the People's Republic of China and the State Public Security Organs in Handling Criminal Cases" If the accuser is dissatisfied with the decision not to file the case, he may After receiving the notice, apply for reconsideration to the public security organ; the public security organ shall make a decision within seven days after receiving the application for reconsideration and notify the accuser in writing.