The Investigation In Criminal Pre-trial Judicial Review System

Judicial review system is the outstanding practice of the theory of separation of the legislative, executive and judicial powers. Through consistent evolution and improvement, it has become the inseparable cornerstone for the judicial system in all countries. By the comparison of the judicial review system in different countries and the analysis of the current situation of China in this regard, the essay profoundly analyzes judicial review system and criminal pre-trial judicial review system. From the perspective of criminal pre-trial procedure, the essay explores the significance of judicial review system operated in the procedure, and puts forward the vision of building a pre-trial judicial review system in China. In the essay, the author proposes that the basic framework of a brand-new judicial review system shall be set up through the re-definition of the functions of procuratorial organs, the establishment of a neutral judicial review organ and the increasing participation of attorneys in the pre-trial procedure. On the basis of the approaches mentioned above, further reform is needed and a sound system in which investigating actions are inspected and illegal evidence is ruled out shall be built, with a view to re-establishing a criminal pre-trial judicial review system which is in conformity with the basic frame of litigation and is capable of effectively realizing check and balance as well as relief of rights.