The Research On Chinese Criminal Pretrial Review Procedure

The judiciary reform, as an important part of Chinese politics innovation, came into being in the reform of judgement mode in 1990s. The essential characteristic of the reform, is to extend from the change of judicature technique to the system and structure of judicature. The comprehensive reform of judgement mode has changed the ex officio doctrine in Chinese judicature tradition. The Criminal Procedure Law, emended in 1996, has adopted the adversary procedure, and reestablished the pattern of criminal trial, which is based on the discerption between accusation and interrogation, and the confrontation between accusation and defend. By the redaction, we have adjusted the pretrial review procedure greatly, and paid more attention to the value and function of this procedure. But if we consider from the actuality of legislation and judicature, we can find out that there are many disfigurements in the criminal pretrial review procedure, which mainly embrace these aspects: 1) the pretrial forejudgement does not be excluded; 2) the power of accusation and defend is unbalanced seriously; 3) summary procedure is designed unreasonably, so the ordinary and complicated cases can not be separated favourably; 4) the pretrial preparation can not exert the function of confirming the focus, coordinating the evidence, and ensuring the efficient trial. The main cause to these problems, is the existence of repulsion feedback between pretrial review procedure and adversary procedure. As a conclusion, it is imperative to adjust pretrial review procedure according to the adversary procedure. In the course of researching the dossier deportation system, the evidence display system, and the summary procedure system, the dissertation gives analyse and expectation to criminal pretrial review procedure, and endeavors to establish a kind of efficient and equitable criminal procedure.