On The Division Mechanismin Pretrial Criminal Procedure

Pretrial criminal procedure division has been widely established in the major countries of the two legal systems and developed to different levels. In China, only does discretionary nol pros among pretrial the Procedure in the criminal proceedings embody function of the procedure division, further, the cases are very few. The institutes of making procedure division transform the aim of penalty and safeguard human rights of the accused. It is a strong and effective method to resolve many problems of judicature. In China, legal view legislations and legal practice have been supplied conditions which are indispensable for establishing criminal procedure division pretrial. So, establishing pretrial criminal procedure division in China is not only necessary but also feasible. Establishing pretrial criminal procedure division in China, The talent problems which procedure division will conflict with all crimes must be punished doctrine of commencement of action by law presumption of innocence should be thought over but we are able to resolved these problems. Which made by commit a crime Postpone removal of causes for prosecuting the accused should be chosen as the model of procedure division in criminal investigation. So,establishing pretrial criminal procedure division in China should transform the concept of state prosecute policy;limit the division power of the police;award proceduce option of the accused;enlarge division power of prosecutor.Finally,implement the value of procedure justice.