Research On The System Of Criminal Examination And Prosecution

Criminal examination and prosecution is the intermediate link, which plays an important role in joining investigation with trial. It is strongly meaningful to learn from the relevant legislation and judicature practice in order to complete the system of criminal examination and prosecution. The thesis analyses deeply the characteristics of the system according to the current situation of China and put forwards the constructers of three related system , based on probing into the relevant system in foreign country and combing the reality of our country, with the expectation to set up a more rational examination and prosecution mechanism on legislation .This thesis divides into three parts.The first part is about the summary of the system of criminal examination and prosecution, in which it mainly makes an analysis of the concept ,value and function of the system, so as to establish a target of the study. The second part gives a comparison of the different systems of criminal examination and prosecution in other countries. The third part is to set up a structure of the system of examination and prosecution in our country.The phrase of "examination and prosecution" is not a special legal term ,but a summary of the activity of legislation and judicature. On the basis of comparison to the "preliminary hearing"in west countries and the examination before the trial in court, the concept of examination and prosecution can be defined as the independent investigation executed by the procuratorial organ within the scope of their functions and powers. The study is to be launched in this sense.It has an unique value as a kind of system .The author expounds the value from the angle of justice and efficiency.The nature of justice lies in ration that is explained by the scholars as follows : the nation means that everyone has the right of obtaining what he should obtain .Taking it into the examination and prosecution,such following principle must be established:Principle of Participating in the Procedure, Principle of Neutral Reciprocity ,Principle of rational Procedure, Principle of independent Autonomy and quick Procedure.As to efficiency, we should be diligent in following area: examing in time, dealing separately, minimuming the cost and selecting elites into judicature organs.It says that the function depends on value and task. Considering the value of justice and efficiency and international criminal suit code,it is not difficult to find that it has the following functions: to supervise, to diverse the pretrials, to set up new relation of accusing and debating, to open the trial indirectly. After analyzing the basic concept of examination and prosecution ,we can launch the discussion of the relevant system in foreign countries by proceeding with three respects: lawsuit orientation, the mode of operation and supervision mechanism.In the lawsuit orientation, according to the different lawsuit stage when it is launched in various counties, we can size up it as follows: the attachment mode, independent mode and composite mode, represented by Federal Germany, the Russion Federation and U.S.A. separately. For the orientation, there is no conclusion regarded as being right or wrong, just rational or not. The issue on the orientation of the system is very important. It is different from trial but takes some characteristics of trial. There are mainly three types in the world, including the adversary procedure, the inquisitorial procedure, and eclectic procedure. It is connected closely with a country's lawsuit tradition, but it is a trend to adopt the first one. "The power not restrained from supervision is easy to be abused." There is no exception in the examination and prosecution, which embody the right of public prosecution. The subjects of the supervision include: Injured party, The Defender, Social masses and Trial agency.After discussing the system of examination and prosecution in abroad, we will have a careful observation to the system in our country. In the lawsuit orientation, it is at...