The Theory About Improvement Of Preliminary Hearing Procedure In Criminal Public Prosecution

Preliminary hearing procedure is a particular system in criminal procedure, which prevents prosecuting attorney from prosecuting improperly and avoids an innocent person from being put into trial by reviewing the indictment, and it becomes the last safeguard before the trial. The criminal procedure is separated into several stages and looks like linetype, so there are lots of problems in China, such as: prosecuting improperly, forejudging and inefficient prosecute .All of the problems will infringe the human rights and damage the equity and authority of justice, so we have to innovate immediately. So independent preliminary hearing procedure is needed, and judges in preliminary hearing procedure and in trial should be different,besides the judge who would make the verdict would read indictment only, The evidence一showing system should be established, and illegal evidences should be excluded. All of these will improve the efficiency of the criminal procedure.The passage includes four parts: the first part talked about the problems of Chinese preliminary hearing procedure and analysed the cause. In the second part we compared several countries' legislation to find out the actual procedure and the judicial ideal .There is no preliminary hearing procedure in Japan , so nothing will prevent and get rid of the improper prosecute . Detailed legislation of preliminary hearing procedure is prevalent in Britain , America, France, German and Taiwan ,but it is different in all the counties.In the third part we talked about the basis theory , arguing that preliminary hearing procedure was judicial review , and explained the function of protecting defendants , restricting the power of prosecuting attorney and getting rid of the improper prosecute.Finally , we conceive the practical measure to promote Chinese innovation . We should abide by such doctrines: restricting the power of prosecuting attorney , protecting defendants , participate fairly, get rid of prejudgment and improving efficiency . And we discussed the judge who would review the indictment , the type of case which should be reviewed , the detail procedure and so on .Certainly , there must be correlative system to cooperate ,such as :the judge who would make the verdict would read indictment only, The evidence showing system should be established , illegal evidences should be excluded .Thus, the criminal procedure will be equitable and efficient in China.