A Study On Preliminary Hearing

The preliminary hearing system origins from France. Thisconcept could be divised to the narrow sense and the broad sense.The narrow sense preliminary hearing is refers to after the plaintifflodged a complaint, the neutral judicial organ to carry on theexamination, makes sure whether can submit the case to the fullcourt for the decision. Our country's present preliminary hearingsystem is different from the world universal used. In front of thearticle mainly examined four concepts, compare this four conceptswith the preliminary hearing.Judge the preliminary hearing system value lies in both canrealize the lawsuit to be fair, and can realize the lawsuit efficiency,has one kind "the double promotion" effects. The criminalprosecution pursues fair, its including essential fair and theprocedure fair.The preliminary hearing procedure is an important component of the criminal prosecution procedure, fully manifestedhas safeguarded these two grand lawsuit function. Next, thepreliminary hearing system causes the entire legal procedure to bemore effective. The preliminary hearing through the examinationprosecution some evidence insufficiently full or not the case whichmay settle a lawsuit through the full court anti- actually outside thetrial program, reduced actually entered the full court stage casequantity. Arranges the evidence exchange in the preliminaryhearing procedure, may prevent extension trying effectively thesituation appearance. These all may save the lawsuit cost. Judgethe preliminary hearing system negative value mainly manifestsfor judge involves in front of the official hearing to the caseexamination, is a suspect can produce to the case prejudges. Inorder to overcome the malpractice, must separate the preliminaryhearing judge to the hearing judge leaves.Judge the preliminary hearing system general pattern mainlymanifests is five big principles. Therefore, this article still probesthe general pattern of preliminary hearing, and there five principlesin conclusion: principle of limited application; principle ofprocedural judgment after procedural and substantive review;mainly written review, attached wordage review; preliminaryhearing judges isolate with court hearing judges; preliminary hearing integrate with the proof public showing .these principlesare the basic of establishing preliminary hearing system in China.There are still many malpractices within China's presentmachenism of examines in front of the courtyard. A narrow-sensejudge preliminary hearing system should be established. Thedecisive procedure of applicable scope of the preliminary hearingmay take the reference of french system, which combinesdeterministic stipulation and selective stipulation. On one hand itmust be stipulated explicitly that the preliminary hearing procedureis only suitable for grave offense and special main body case. Onthe other hand, procuratorial agencies should be entrusted withcertain choice suggestion power, and the preliminary hearing judgeshould be given certain freedom of decision. The judges forpreliminary hearing may be selected from those who are in thecriminal court and have trial experience of preliminary hearing.Preliminary hearing judge is different from common judge only inthe way of specific service naming. It must be stipulated explicitlythat the preliminary hearing judge is isolated from the hearingjudge in the identical case. The judge responsible for thepreliminary hearing could not serve as the official hearing judge. Amoderate resistance procedure pattern must be established forpreliminary hearing system. The primary form of preliminary hearing should be the written form, oral form as auxiliary way.When the preliminary hearing ends, the judge should decidewhether to submit the case to the full court. Finally the preliminaryhearing system must be coordinated with the system of discoveryof evidence.