Research On Pre-trial Review Procedure In Criminal Case

In front of the criminal case courtyardPre-trial Review Procedure (hereafter refer to as the Pre-trial Review Procedure)is the litigation activities that the court carries on the preliminary examination officially to the criminal case, and decide whether to hand over the criminal defendants to the court trial. "The preliminary hearing" had been proposed firstly by the France Criminal Litigation Code in 1808, later has been adopted by major countries in European. Except Japan abolished the preliminary hearing system thoroughly after the World War II, the other countries commonly review the cases prosecuted by the prosecurate in the different form and extents.The essence of that is the procedure which to accept the prosecution or submit it to the trial so that preventing the defendants from being sued utterly groundless. The Pre-trial Review aims to, not to solve the question whether the defendant is guilty or not in advance, but to investigate according to the facts and the law whether the suitable reasons or the basis of accusing the defendant exist, so as to secure the reasonablitiy and justification of the criminal prosecution. Although the Pre-trial Review Procedure is not the independent procedure just like the investigation, prosecution and adjudication, but is the indispensable part of the complete trial procedure. Establishing the Pre-trial Review Procedure after the procuratorial agency's prosecution and before the official court trial, is the particular requirements and performance of fairness and efficiency while designing and performancing the criminal system as well as the reasonable restriction to the national power of prosecution and the proper safeguard to the dependant`s rights in the modern society. How to set up the Pre-trial Review Procedure and the effect of performance decides whether the court trial operates fairly, orderly, efficiently and whether the hearing result is correct.This thesis is divided into four parts, its brief content is as follows:Part One:Indroduction of the Pre-trial Review Procedure in Foreign Countries.In the countries of Continental Legal System, the judges carry on the Pre-trial Review Procedure actively under his discretion withou the...