The Study Of Pre-trial Process In Criminal Procedure

Since the modification of Chinese criminal procedural law in 1996, as a period of transition from public prosecution to trial, the pre-trial investigation process has been the ,popular topic in discussion of our Chinese jurist. In the process of extensive exploration the re-modification of criminal procedural law today, the pre-trial investigation process going to anywhere on earth is concerned by circles of scholars and practice. Just like Hungarian scholar Alfred Order said: "At present era, almost all the reforms of criminal judiciary procedure have two essential purposes: one is finding and implement a prompt, simple and successful new method or way, in other words, it can make the criminal lawsuit more efficient;The other is to ensure the privilege of the parties concerned, which integrated closely with justice. " Of course, this procedure is related with the realization of these two purposes. At present, it seems more important to improve the efficiency in prosecution in China for her limited judicial resources and more and more judicial workload. The most significant meaning of the pre-trial investigation process is to guarantee efficiency and justice.This paper tries to analyze the real situation of criminal prosecution in China, and wants to bring forward the reconstruction of this procedure for developing and improving the pre-trial process in criminal cases in compliance with two aspects of legislative theory and legal practice. First, the thesis explain legal nature, characteristic, general principle and main functions of the pre-trial investigation process from legal theory. And then through conducting comparative research on pre-trial legal system of France, Germany, England, America, Japan and Russia, analyze the unique feature, formative reason and the whole running model, in order to induce successful experience which will suit for China. Based above two parts, the papercomments on current legislation and practice, and finds defects in this process including the incomplete elimination of judges' prejudice and pre-trial judgment, limited restriction of prosecution right, insufficient protection to defendant's systematic right, deficient preparation before court and embarrassed situation caused by unknown legislation intention. In addition, this paper dissect the deep reason like system, conception and natural resources. At last, by carrying out the comparative research and investigation analysis, the paper put forward a tentative plan of reconstruction on pre-trial investigation process. For example, establish a system a system to separate judges between examinational justices and court hearing justices by qualifications test, which not only elaborate the functions of this process at the highest level but also take advantage of our native country. This paper also design the range of accepting and hearing criminal cases and the specific running model of the pre-trial investigation process. And the most important is analyzing and proving the feasibility . Moreover, the paper suggests to set up evidence demonstration system. Of course, the whole reconstruction need not only harmony theoretically but also the entirety coordination of institution concerned, just like expanding lawyers' participated scope before trial, endowing defendant silent privileges etc, in order to make the functions of this process conform the real situation as soon as possible. Every system promote each other to win development together, so the pre-trial investigation process can realize the functions it should has. And ultimately judges can conduct criminal cases fairly and efficiently.