Research Of Criminal Preliminary Hearing Procedure

Preliminary Hearing is the procedure that judges examine the accusation including the validity of pretrial proceeding, and then make a decision that whether start the judicial procedure. For the key to connect the prosecution and the trail to a certain extent, criminal Preliminary Hearing usually belongs to the pretrial procedure. That procedure helps to promote criminal proceeding, guarantee fair action and improve the efficiency of action. Some main legal states have integrated Preliminary Hearing Procedure in our criminal proceedings code. In the research of it comparatively, the domestic experts are unable to define the procedure clearly. What's more, there's lack of systematic study at the procedure itself and actualizing, which make for the dispute that whether Preliminary Hearing lists in our criminal procedure. On the base of the former research, the article begins of the clear and all-around definition of the procedure, either of the differences with other correlative ones. Secondly, there's the deep research about the procedure itself abstractly from the static rational value and the dynamic mechanism conclusion. Through of it, the essential of Preliminary Hearing is proved to be in the sense of investigation and judicial review on procedure and a correspondingly independent pretrial proceeding, with the particular value and function. Finally, the conclusion made in the comparative research is that such procedure doesn't exist in the our criminal act, not because there is no such word in the black letter law, bur for the lack of such system in operation structurally. The author tries to put forward the assumption as a whole to construct it in the criminal procedure connecting the domestic legal actuality. With the development of the criminal justice reform, the absent of Preliminary Hearing Procedure have become the "bottleneck" for China, which restricts the effective operation of the criminal trial and whole criminal procedure and brings some passive effect to the criminal justice. It is necessary for us to catch the chance of modifying the criminal proceedings...