Research On Pretrial Review Procedure For The Public Prosecution Case

Pretrial review procedure for the public prosecution case always is the hotspot of criminal procedure world . Discusses in its theory base, frondose truss and the correlative layout measures, Not only has the important theory significance, moreover has important practical significance. This article has systematically analyzed the limitation and the flaws in current pretrial review procedure of our nation, and we desiderate to reconstruct our pretrial review procedure for the public prosecution case. Firstly, the article have summarized the pretrial review procedure in west nations such as England, America, France, Germany, Japan and Italy, pointed out that the pretrial review procedure have undertook the four function:the case filtering, the case distributary, pretrial preparation and error correction, the evidence preserving and the demonstration and the examination. Its deep theory bases are separate and balanceable power, the conflict and conformity between fair and efficiency , safeguarding human rights. Although constructing our pretrial review procedure have the some difficulties, but also have three advantageous conditions. The updating of the ideas of law especially the change of ideas of law for judges have provided the cultural condition for constructing our pretrial review procedure; The political system reforming which is step by step developing have provided the political condition for it; And our judicial system reforming especially the continuous explore of correlative judicial practice department in the pretrial procedure have provided the most direct condition and the motivity for it. To constructing our pretrial review procedure not only must follow the general standard of procedure fair, also must swing in with some special principles: the principle of preventing prejudge, the principle of the collective participate of the accuse and the defendant, the principle of attach importance to efficiency, the principle of jurisdiction safeguard. As for the constructing in the concrete procedure, We must regard the pretrial review procedure as a independent procedure; In order to farthest preventing prejudge, we should arrange a independent prejudication judge to exercise censor power. On prosecution way, we should implement the whole records creed. On this foundation, the article systemly marked out the whole flow for pretrial review procedure, and pointed out especially that the evidence revelation which base on bilateral participation should be managed by prejudication judge; we also should entitle the accused the jurisdiction objection and the procedure option and apply withdrawal and so on. Pretrial review procedure also need some corresponding necessary facilities to consummate, such as the system of judge's situation showing, the creed of only indictment for the judge, the separate on pretrial review procedure and pretrial preparatory work. The system design also needs cultural support, and the rational design and the effective function of our pretrial review procedure similarly also needs the continuous change of law ideas.