Research On Power Subject Of Criminal Public Prosecution Review Procedure

The procedure of public prosecution review is an important stage of pre-trial procedures. The procedure has important meanings for promoting the criminal procedures smoothly, protecting judicial justice, improving judicial efficiency. The core of the procedure of public prosecution review is the constitution of the subject of power. Major countries in the two legal chains all regulate more perfect the procedure of public prosecution in criminal procedure, mainly represent the independence and specialties of the subject of power of the procedure of public prosecution. However, China's procedure of public prosecution review has various problems which cannot play its role on the litigation construction. We should seize the opportunity for the criminal justice reformation, perfect the procedure of public prosecution review deeply, build scientific and rational the subject of public prosecution review, that is pre-trial judge.The nature that views the procedure of public prosecution review as the power of justice judgment determine the independent status and the function of inhibiting improper public prosecution, the diversion of cases and preparation of trial. We can conclude by analyzing the tension and limit of power subject of public prosecution review that only judicial judgment organs can be the power subject of public prosecution review. Due to different historic tradition and mode of litigation in countries of two legal chains, various power subjects of public prosecution review have formed. But they both have advantages and disadvantages in practical operation. After comparing and evaluating various modes in countries of two legal chains, it is an inevitable choice to adapt the mode of pre-trial judge based on the actual condition. However, because of the defects of the mode of pre-trial judge and local identity of China' justice system, it is not scientific to copy the foreign mode of pre-trial judge completely. Based on the analysis above, constructing the system of pre-trial judge should go the way with Chinese characteristics. On the issue of constructing the system of pre-trial judge, the way of production, configuration of the power, the litigation function and design of supervision mechanism should be emphasized on.The paper adapts methods of historical analysis, summarized and comparative, etc, starts from the basic theory of procedure of public prosecution review, analysis the mode of foreign the power subject of public prosecution review as well as the status quo of procedural review of pre-trial, discusses the theory foundation and practical condition of constructing pre-trial judge in China, and considers the specific framed design of pre-trial judge.The reformation and perfect of criminal procedure of public prosecution review is an systemic project which is subject to constraints of various conditions. So it is an long process, but the development trend of China's procedure of public prosecution is optimistic and with progress.