Study On The Preliminary Hearing System In France

The preliminary hearing system is an important pre-trial procedure of the complete criminal procedure. The trational opinions consider that this system originated in France, following the occurance of the inquisitorial proceedings in the middle of the 13 th century. Not only has the system brougt tremendous infulence on the legal system in France, but also the entire Europen continent, and even in the whole world. At present, the comparatively preliminary hearing system has been formulated in the criminal procedure laws of the main countries under the rule of law. However, as the society continues to develop, more and more drawbacks appear in the system. The main problem is the conflict between. the features of the strong inquisition and the concept of the adversary system. Hence, whether the preliminary hearing system should be abolished, the reform direction of the system and the role of the pre-trial judges have always been the focus of the legal system reform in France.However, compared with France, the preliminary hearing system has not been formulated in China's criminal procedure law. With the development of the criminal judicial reform, this absence gave more and more influence on our criminal trial system, and even on the entire criminal judicial activities. Therefore, we should learn from their experience and lessons on the base of studying the development course and advantages and disadvantages of the preliminary hearing system in France. Meanwhile, we should take the opportunity of the upcoming amendment of China's criminal procedure law, and formulate a proper and scientific preliminary hearing system with Chinese characters. The whole thesis consists of five chapters, altogether approximately 32,000 characters.The summary first elaborated the question origin as well as the study significance, including the reason of taking France's preliminary hearing system for example and the comparable research on this system in France and China.In the first chapter, the author gave the explanation of the preliminary hearing system and other related concepts. Then, following the origin of the preliminary hearing system, she had a general review of the development course the system, analyzed the reasons for the repeated reforms and development practically based on the social development and transformation in three different periods, and hoped to forecast the development direction of the preliminary hearing system in France.In the second chapter, the main contents of the system was taken again as a clue to provide a further explanation of the main powers, the person and items subject to examination, the operating mechanism and the relief mechanism from the longitudinal angel.In the third chapter, the author further explained the two basic principles of the system on the base of the comprehensive understanding of France's preliminary hearing system, and gave some comments on the advantages and disadvantages of the system.In the fourth chapter, the author compared the differences in the concept of the preliminary hearing system between in China and France. Then she continued to comment on our " Investigation Preliminary Hearing" in the investigation procedure, and gave her personal views on the institution of the integration of the investigation and the preliminary hearing.In the conclusion, the author briefly summarized the problems that would be resolved in this thesis, and hoped for the reform of China's criminal procedure.