The Study Of The Judge Power Of Criminal Pre-Procedure

The criminal pre-procedure is the important part in the criminal procedure, it's also the stage that the civic right infringes upon the private right most easily. A perfect criminal pre-procedure, shall be working a full preparation for the whole criminal procedure, having effective supervision and regulation function on the investigate organs' investigate action and procurator organs' procurator action in the criminal pre-procedure, having prevention function to control the investigators and procurators' illegally behavioral occurrence, having guarantee function towards the criminal suspect, the defendant and the victim legal rights more. Currently, in the criminal pre-procedure in our country, only have the prosecution parts and the defense parts to participate the pre-procedure litigation activity, and the judge did not intervene the pre-procedure litigation activity, therefore, against the criminal suspects and defendants, the incidental civil actions taken or decisions are generally made by the investigative organs or procuratorial organs themselves, but the investigate organs and the procurator organs are the authorities who represent the state to exercise prosecution criminal, often with a strong punishment for a crime of thinking, so, if the investigative organs, the procuratorial organs make a decision by themselves , will contrary to the natural law which " Anyone or organization could not do his own case of the judge ", and also make our country's criminal pre-procedure very imperfect, and there are many problems in the criminal pre-procedure. Based on the criminal procedure structure, separate the complaint and trial, decentralize and balance the power, and security the human rights angle consider, our country should establish the judge power of criminal pre-procedure system, establish the People's Courts to judge a number of entities matters or procedural matters between the prosecution authorities and citizens in the criminal pre-procedure. In this paper, starting with the meaning and characteristics of the judge power of criminal pre-procedure , discussion with the basic theory of the judge power of criminal pre-procedure meanning, characteristics, subject and object, analyze the existense of the theoretical foundation of the judge power criminal pre-procedure, combine with the foreign criminal pre-procedure inspection, analyze the system in our country's legislative, judicial, and the reasons, and finally, proposed the specific ideas to construction our country's judge power of the criminal pre-procedure .