Research On Criminal Pretrial Judicial Hearing System

Now , the reform of justice is carrying out like a raging fire . It's basicobject is to promote the equity of justice As to proceedings , the equity of justicenot only include the equity of trial , but also pre-trial . During the period ofpretrial procedure , if the accusers abuse their powers and authorities , then ,even though the conviction and condemn is right , we don't take thatproceedings for a just one . That's not the equity of justice we are seeking for . With the development of reform of justice and study of theory , pretrialprocedure become the focus of the people gradually . And in recent years , anotable fact is many noticeable problems in criminal procedure are almost occurduring the stage of pre-trial . "extort a confession by torture", "extendedcustody", "obtain evidence illegally", "replace investigation by arrest" usuallyhappens although they are prohibited . The common essence of thesephenomena is infringe the legal rights of the suspects and abuse the power ofgovernment . As a result of these problems , the figure of justice is blemishedand a vital result is that the equity of justice could not be ensured . Therefore ,the reform of pretrial procedure is imperative under the situation . In western countries , when the freedom of suspects confined by thegovernment, they could attain the help from the court. Thus , the movement ofinvestigation and prosecution about suspects is under the control of the court. In our country , the referee in the pretrial procedure include thedepartment of public security and public prosecution . The court doesn'tparticipate in any activity on referee . This causes the prosecutor become thejudge and there is no effective competition between the accuser and defender .Obviously , it is a typical administrative redressing mode . It goes against theessential feature of criminal procedure . It is almost rare that we solve thelitigation by administrative means, which is contradictory to contemporary spiritof rule of law and basic litigation theory. Facing those existing problems, I believe problems could be settled byestablishing an integrated pretrial judicial hearing system based on therequirements of those above-mentioned. The judicial hearing hereby meansparties like the suspect or the defendant could request hearings held by unbiasedjudges when they believe it is not the proper or correct means they have beentreated. The suspect or the defendant are the proposers for the hearingprocedure to be against the police or procurators. Both parties conduct theirdebate presided by unbiased judgers, who also produce the verdict over it. Probing into the function and operation of hearing system in China andwestern countries, this article testify the possibility and necessity of judicialhearing through litigation theory, which is based on analysis of China pretrialprocedure and judicial review in western countries. This article also brings uppreliminary constitution of Chinese judicial hearing system which would suit thecriminal procedure law. I hope it could enhance and realize the integration of thewhole litigation procedure and be beneficial for Chinese litigation theory andpractice. In view of the author's knowledge and experience is limited , and myscientific attainments is still superficial . As to the limitation in this article , Ihope the experts could point out my mistakes so that they could be corrected .