The Study Of Chinese Reform Of Pretrial Procedures Based On Constitutional Politics

Constitutional politics, as the cornerstone of modern legal system, is known as democratic politics that's used to govern the country according to Constitution. Essentially, constitutional politics demands that the force of state can only be run within the limit entitled by laws, guarantees citizens'rights of relief when confronted with illegal infringement caused by the force of state, and finally realizes safeguarding citizens'rights and freedom of constitutional politics. Influenced by legislative philosophy from countries of continental legal system and the Chinese traditional judicial practices focusing on facts instead of procedures, Law of Criminal Procedures and relevant judicial interpretation of China endow reconnaissance agencies and censorate with big power. Contrarily, regulations against litigation rights and relief rights of suspects overly stick to unchangeable principles, resulting in abuse of power by reconnaissance agencies and cesorate now and then by disregarding suspects'legal rights. This is antipathentic to the guaranty of human rights sponsored by Constitution, especially the Constitutional Amendment approved by the Second Session of the Tenth National People's Congress which states that State respects and protects human rights, Private properties shall not be infringed, and The state protects by law the right of citizens to property and inheritation. To meet higher requirements by gradually improved market system and guaranty of human rights by modern civilization, China has initiated a new system reform of criminal procedures, in paticular, the reform of pretrial procedures. Under such a condition, research on how to overcome existing defects in China's pretrial procedures and intensify the protection of suspects'rights bears great importance both theoretically and realistically to realize restrictions on the force of state by rights with final freedom of constitutional politics. This essay, on the basis of constitutional politics and fundamental theory of legal system, after research and comparison of the pretrial procedures of countries (like Britain, America, Germany, France and Japan) from British and American legal system and the continental legal system, learns and absorbs the rational contents of the pretrial procedures from these countries of the two legal systems, raising the basic reformational thoughts of China's pretrial system in aspect of constitutional politics. Firstly, strengthen the denfensive ability of suspects, restricting the force of state by human rights; secondly, enhance judicial surveillance, restricting the force of state by itself. Meantime, this essay also puts forward corresponding system design, intending to provide favorable discussion to China's reform of pretrial procedures.