Study On The Pre-court Examination Procedure In Public Prosecution Case

Usually there is a certain interval between the investigating & prosecuting apparatus instituting a proceeding and the court formally holding a hearing in public prosecution case. During the interval the judge will conduct a series of judicial action,that is to examine the complaint case to decide if it is necessary to open a hearing and also make procedural preparation for the hearing,this procedure is called pre-court examination procedure of public prosecution case. And in terms of prosecution theory,it can also be called prejudication. The pre-court examination is usually conducted in the form of prejudication or arraignment in countries that following Anglo-American law system,that is limited to procedural examination. While in countries following continental law system the pre-court examination is usually conducted with focus on the bill of prosecution,which is a substantive examination. The post-war Japan abolished the prejudication system and followed uexclusiveness of the bill of prosecution". It is very necessary to conduct pre-court examination in public prosecution case. Our country formerly followed the substantive examination of pre-court examination in public prosecution case,has now transferred to procedural examination after critical modification has been made to the active criminal law regarding this,but due to the shortcoming of the system itself,new problems emerge in the process of juridical practices,which is against the original intention of the modification to criminal prosecution law. We shouldreform and perfect the pre-court examination procedure of public prosecution case in our country by re-selecting trial model,setting up pre-court examination procedure and delegating the prejudication duty to court that file the case.