Study On The 150th Code Of Criminal Procedure Of Our Country

Pretrial review procedure of 150th provisions of the Code of Criminal Procedure called pre-court examination procedure of public prosecution case in our country, is called prejudication .in western countries ,which is the litigation activities that the court carries on the preliminary examination officially to the criminal case, and decides whether to hand over the criminal defendants to the court trial. Pretrial plays an important role in such as avoiding mistake public prosecution, protecting defendants clearing indisputable points, improving efficiency and so on.China's 1996 Code of Criminal Procedure of the original pre-trial review process made more changes on reformation of trial mode,absorbed of the party's reasonable factors, and the way of entire volume over the past transferred into the main evidence handed over to the indictment and a copy of the list of witnesses. The legislative intent is preventing judges prejudge and achieving justice. However, this pre-trial review procedure implemented since the legislative intent not expected to be realized, and in judicial practice, it did not play in the prevention of improper prosecution, protection of human rights, segregation cases, the role of the efficiency of the proceedings.Through reading the 150 section of China's Criminal Procedural Law, this thesis analysis China's current pre-trial review process with the function, value orientation and the main deficiencies. Pre-trial review on the foreign inspection procedures, it discusses China's pre-trial review of the functions and value orientation. Pointing out that it should be to protect human rights, restricting the power of justice, the pursuit of efficiency of the proceedings of the value orientation as a guide, when we re-structure the pre-trial review process. And we have put forward reform and improvement of China's pre-trial review process of specific programmes with learning from foreign legislative, Contacting the actual situation of the country:1.Establishing pre-trial review of a judge and the trial judge separation system is in order to prejudge the judge ruled out, to maintain the neutrality of the judges.2. Limiting the scope of application procedures is in order to play streaming function.3.Establishing a review way of written mainly, supplemented by words for conform to modern ideas ,and achieve a balance between justice and efficiency of the proceedings.4.Pre-trial review of the content should be the main substantive review, supplemented by a review of procedures ,then playing a filtering process.5. Lowering standards of proof to prosecute in order to the court function can be true.6.Reforming and improving of the summary , expanding its scope of application and giving the defendant the right to choose the procedure is to improve the efficiency of the proceedings.