A Studu On Preliminary Hearing

The meaning of Preliminary has a distinction between the broad sense and the narrow sense. The broad sense of Preliminary Hearing means that the subject which possesses the power of judicial review participates in the criminal investigation, inspects the case which the prosecution is prosecution is prepared to bring an action against, in order to determine if the indictment is necessary and then submits it to trial. The narrow sense of Preliminary Hearing 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. The procedure helps to promote criminal proceeding, guarantee fair action and improve the efficiency of action. Some main legal states have integrated Preliminary Hearing Procedure in our criminal proceedings code. the article begins of the clear and all-around definition of the procedure, either of the differences with other correlative ones.Through the deep research about the procedure itself abstractly from the static rational value and the dynamic mechanism conclusion, the essential of Preliminary Hearing is proved to be in the sense of investigation and judicial review on procedure and a correspondingly independent pretrial proceeding, with the particular value and function. The result is leading procedural relation to birth, alteration or withering. Preliminary Hearing Procedure has the function of reviewing indictment and this is the elementary function. The second function is the protect of the human right. The subject of the Preliminary Hearing can find the action which is illegal and invade the human rights promptly. Thirdly, Preliminary Hearing Procedure can improve efficiency greatly. The Preliminary hearing through the examination prosecution some evidence insufficiently full, reduced actually entered the full court stage case quantity. The Proof Public showing improve the efficiency too. At last, the Preliminary Hearing can also prepare for the court trial.As to the practice of the Preliminary Hearing Procedure, every country has different regulations. The article use a comparative view to discusses the scopes, the initation, the modes and manner and the material content. We find that Anglo——American law system and Romano——Germanic law system have their own characters. The initation of Preliminary Hearing Procedure in American law system is passive, the practice is oppositing and the material content is procedural. But Romano—Germanic law system has a obvious authority of office character.In the research of it comparatively, the domestic experts are unable to define the procedure clearly. What's more, there's lack of systematic study at the procedure itself and actualizing. There is no Preliminary Hearing Procedure in our country's criminal procedure. This not because there is no such word in the black letter law, bur for the lack of such system in operation structurally. The reason for the all problems, demonstrates the necessity of the establishment of the preliminary hearing, and the practicability of the establishment of the Preliminary Hearing. On the specific design, our country should build the Preliminary Hearing Procedure, as for the manner, it application by prosecution on its own motion in chief while other as assistance. Through the Procedure, we should also set up the discovery of the evidence.