Research On The Judicial Review In The Criminal Procedure Law

The Judicial Review Principle is a principle that the specific issues of common law must be exercised by judges, and only the judges can do. In other words, before the prosecution branches carry out the compulsory measure, they should be applied for the issue permits to make by the judges. For example, the arrest, search, distress, monitoring, and so on.Active Criminal Procedure Law system of our country is based on the Criminal Procedure Law system of Russian. And it was amended in 1996. The antagonism between the accuser and the defendant was introduced. The neutralism of judges was pointed out emphatically. The significance is affirmative. But there are still some defects in the Criminal Procedure Law system designs. The defects cause many problems that against the fundamental rights of all citizens in Criminal Procedure.For the problems is solved to be better, in author's opinion, we should introduce The Judicial Review Principle into the Criminal Procedure Law when it is amended again. We should combine the state of our country to build and perfect The Judicial Review system. For the reform of the Criminal Procedure Law, the Judicial Review Principle is an importance theoretical basis. And we should study in a deep-going way. Many rules transgress The Judicial Review Principle in our Constitution. It will become a hindrance when The Judicial Review Principle in our Constitution is introduced The Judicial Review Principle into the Criminal Procedure Law. So we must amend the rules that transgress The Judicial Review Principle in our Constitution at fist.