Font Size: a A A

Research On The Criminal Preliminary Hearing

Posted on:2012-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y LeiFull Text:PDF
GTID:2166330332497828Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal preliminary hearing procedure is conducted by the specific judicial review subject, aiming at reviewing whether the prosecution is suitable for start the official judicial procedure and connecting the independent criminal suit stage of prosecution and judgment. Whether the preliminary hearing system can give full play to its own unique function directly influences the realization of the judgment efficiency and justice fairness of the criminal prosecution. As for the main countries under the rule of law over the world, the code of criminal procedure stipulates complete preliminary hearing systems. Therefore, the system has great function and value. However, as a whole, our domestic criminal hearing system is basically in the status of deficiency, which seriously restricts the effective operation of our domestic criminal procedure. For this reason, we need to speed up to construct preliminary hearing system which is in line with our national conditions, in order to remedy the deficiency of the existing criminal procedure system. This paper is divided into three parts.The first part divides the preliminary system into broad sense and narrow sense by comparing and analyzing its definition. This paper only studies the broad sense definition of preliminary hearing in stead of the narrow sense one. Besides, it completely states the definition of the preliminary hearing system by generalizing its characteristics.The second part briefly introduces the criminal hearing system of the main countries under the rule of law over the world. This part mainly adopts comparison and analysis methods, choosing 5 overseas developed countries under the rule of law as the reference, such as England, America, France, Germany, and Japan. From the view point of scope, operation ways and remedy of preliminary hearing subject, it makes statements and comparison, in order to absorb and draw useful points when constructing our domestic preliminary hearing system.The third part analyzes the existing pre-court review model of our country, discusses the real factors and unfavorable influence of the deficiency of preliminary hearing system. Then it makes brief analysis of the feasibility of establishing our domestic preliminary hearing system and the precondition of establishing the procedure. Finally, from the view points of the subject, content, forms, operation of the preliminary hearing and the remedy of its termination, aiming at our national situation, it puts forward specific suggestions of our domestic preliminary hearing system.
Keywords/Search Tags:Criminal Preliminary Hearing, Prosecute Examination, Trial Center, Preliminary Hearing Construction, Evidence Discovery
PDF Full Text Request
Related items