Research On Review Indictment System

Review Indictment means that the subject which possesses the power of judicial review inspects the case which the prosecutor is prepared to bring an action against, determines if the indictment is necessary and then submits it to trial. Review Indictment is a very important pretrial procedure in criminal procedure. That procedure helps to promote criminal proceedings, guarantee fair action and improve the efficiency of action. Some main legal states have integrated Review Indictment Procedures in their criminal proceedings codes. Writer analyzes the different characters between Anglo-American law system and Romano-Germanic law system, and discusses the jurisprudential basis of Preliminary Review Indictment. Writer puts forward that Review Indictment Procedure should has some procedural functions or essential principles: the guarantee of suspect's right; guarantee fairness; exclude prejudgment; confirm dispute; improve efficiency.Writer focuses on the construction of the Review Indictment Procedure in China. the present study, based on comments on various theories, attempted to reorient the Review Indictment Procedure and carried out initial argumentation about its value orientation and theoretical principles. In the end, it put forward several tentative ideas about reconstructuring Review Indictment Procedure in the public prosecution cases in China.