Research On Pre-trial Review Procedure In Criminal Case

The pre-trial review procedure refer to the procuratorial organs to transfer the case to court, before after trial by special judge examine a case to determine whether consign program. During the criminal litigation proceeding ,the pre-trial review procedure is the intermediate tache between prosecution and hearing. Even though that the intermediate tache is not an official trail procedure, however it has a significant meaning in relating to the well proceeding of the trail as well as the optimization of the judicial resource's utilization. Pre-trial review is only a prepare activities of the hearing ,which is not the core of the whole litigation proceeding. However, as a necessary produre of the criminal litigation, the scientific and rationality of the pre-trail review has a great impact on the parties', especially the defendant's, litigation rights and safety, as well as the fundamental impartiality and economy of the whole litigation proceeding.This article analyzes the preliminary hearing procedure in detail in four parts. The first part is general introduction of the preliminary hearing procedure, which originates in the concept of the preliminary hearing procedure and offers introduction about the nature, function and characteristics of the preliminary hearing procedure in a macro level way.The second part is comment of the preliminary hearing procedure in foreign countries. the preliminary hearing procedure is established in many countries for the sake of strengthening restrict of The procuratorial organs public prosecution ,and it is also called pre-trial process. Because of differentiation of historical traditions, cultural background and values, the preliminary hearing procedure varies from country to country. This part introduces the preliminary hearing procedure in Anglo-American Legal System, with UK and US as representative countries, and the preliminary hearing procedure in Continental Legal System, with France and Germany as representative countries. Taking uniqueness of the preliminary hearing procedure in Japan and Italy, it is classified as mixed the preliminary hearing procedure.The third part introduces flaws of the preliminary hearing procedure in China. China has amended Criminal Law in 1996, but there are still flaws both in legislation and practice, such as it is hard to meet the requirement of avoiding improper prosecute and court before prognostic from judges, the realization of target of balance between prosecutors and defendants, reasonable process after investigation, and efficient usage of prosecution resources.The fourth part deals with perfection about the preliminary hearing procedure in China. It puts forward detailed suggestions about pre-trial process in China, analyzes the start of pre-trial process, review subject,applicable scope, and relates the content and way of examine, deal with the variety of after examine,proof-exchange system and the creed of only indictment for the judge, etc.