Studies On The Reform Of Criminal Pretrial Procedure

In the practice of Chinese criminal procedure, the pretrial procedure may be the stage at which procedural illegal activities are often occurred and basic civil rights are easily unreasonably restricted or deprived. The author only wants to discuss the criminal pretrial procedure. By studying the comparative law, we can find that though there are different legal traditions in different countries, they all establish the system of prosecutorial judicial review to ensure the soundness of initiating the trail procedure. The problems in present Chinese criminal pretrial procedure show that it doesn't accord with due process theory. So from the constitutionalism which balances the relationships between state power and civil rights, the author thinks that a criminal pretrial procedure with the core of judicial judgment should be established. For serious crimes, there should be a system with pretrial procedure and examining judge to restrict procuratorates to abusing the prosecute power and reduce risk which citizens are prosecuted without limits. In order to resolve the problems that most criminal cases can not be initiated the pretrial procedure, the author simultaneously advocate that the doctrine of commencement of action by law should be linked with the doctrine of prosecuting discretion, to perfect further the procedure which procuratorates use prosecute power.