Research The Civil Public Litigation By The Procuratorial Institutions

The proceeding of the pre-trial procedure of the criminal prosecution, is the easiest stage when the purpose of control crime invade the human rights. In the judicial practices, massive procedural illegal activities of the national public authorities occur in this stage. As the procedural illegal phenomenon cannot be solved by adjudication, it have violated not only the legal rights and human rights of defendant, but also encouraged police department and the procuratorate to abused authority indirectly. In order to contain the procedural illegal activities, to achieve a balance between the power control and protection of human rights, we should establish the pre-trial procedure decision rules system in our country.The first part outlined narration of the pre-trial procedure. Firstly, analysed the component of the pre-trial criminal procedure, and thus define the definition. Secondly, recounted some basic theoretical question about it, including the theoretical basis and so on. Finally, analysed the existence value of the pre-trial procedure decisions so that the system become more understandable to us. The second part is the introductions of the foreign pre-trial procedural decision rules system. I analysed it by comparison method, explored the related system of Anglo-American law system and continental law system, so that our country can easily transplant the law. The third part is about how to establish the pre-trial procedural decision rules system in our country. Fist of all, I invested the illegal performances of the pre-trial procedures in China's judicial practices. And then analysed the legislative situation of the pre-trial procedural decision rules system in our country, definitely pointed that we did not exist that system. On this basis, I proposed the necessity and practicability of the construction of the pre-trial procedural decision rules system. In conclusion, I proposed some concrete measures of the system, pointed that the criminal prosecution rules must be improved, gradually broaden the decision items of the pre-trial procedure, and empower the jurisdiction to the special court. We should set up special court to solve the dispute of criminal procedure problems. With respect to the concrete criminal prosecution rules, I researched some procedural rules, like start procedure rules, testify procedure rules, evidence rules, verdict procedure rules and legal remedy rules.