On Some Questions Of Pretrial Procedure

Our country's modification of Criminal Procedure Law in 1996 mainly focused on the reformation of trial mode. Judging from the implement situation of revised Criminal Procedure Law, the reformation of trial mode would not be carried out comprehensively without the assistance of the corresponding innovation of pretrial procedures which can be compared to the foundation of criminal procedures. Without the scientific and reasonable pretrial procedures, the subsequent procedures surely cannot be carried through. This thesis takes the integrative criminal pretrial procedures as the theoretical foundation, combines the register phase and the investigation phase as a whole, discusses by means of linking with the prosecution procedure and reckons that the investigation activities' fundamental function upon inquisition should be exercised into full play. Firstly, we should establish a completely new litigation conception, reinforce the consciousness of human rights protection in the pretrial procedures, identify the procedure impartiality conception which pays equal attention to the assistant values and substantial values, as well as those of benefits, and constitute the corresponding pretrial principles. Secondly, we should figure out the relationship between register and investigation, and that between investigation and prosecution, from the macroscopical dimension, cancel the register procedure and categorize it in investigation procedure according to its function. Meanwhile, with the premise of making clear the upper and lower relationship between investigation function and that of charge, we should re-establish the function jurisdiction of our country. That is, establish it as the mode which endows the investigation authority with People's Procuratorate and accredits through the procuratorate for the police to investigate. In addition, the author also makes primary analysis with those noticeable and concrete issues, .such as the legalization of detainment problems in pretrial procedures, the establishment of bailment rights, and the reinforcement of defence rights. Then the author brings forward the relevant innovation measures, so as to establish some comparatively reasonable fundamental pretrial systems from the microcosmic dimension. All in all, the author ends with the conclusion that we should innovate the conceptions, comprehensively reform the macroscopical and microcosmic systems, and establish the scientific, reasonable, just and beneficial pretrial procedures, with which the whole criminal procedures could be promoted to the further innovation.