legal ground
Article 109 of the Criminal Procedure Law
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 112
The people's court, the people's procuratorate or the public security organ shall, within the jurisdiction, timely review the materials of accusation, complaint, report and surrender, and if it is considered that there are criminal facts that need to be investigated for criminal responsibility, it shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.