Font Size: a A A

Research On Criminal Pretrial Review Procedure In Our Country

Posted on:2011-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y D TangFull Text:PDF
GTID:2166360308955164Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The criminal pretrial review procedure is between prosecution and the trial, connecting the prosecution and the trial,which is a necessary criminal proceeding. The research object of the article is criminal pretrial review procedure, in order to improve its conduct for the purpose, through introducing the criminal pretrial procedure in foreign countries, analyzing the existing problems in our country's criminal pretrial review procedure, do some exploring to how perfect the criminal pretrial review procedure.This article contains four chapters: the first chapter researches general outline of the criminal pretrial review procedure. Firstly, define the concept of criminal pretrial review procedure, and then explain the principles, functions and purposes, under the guidance of the principles of participation in criminal litigation,transparency in criminal proceducel,procedural justice,preventing prejudge and litigation economy, playing the features of filter improper indictment, discovery, case diversion, prevent pretrial court judge to prejudge,to achieve the purpose of achieving the real trial, procedural justice,protection of human rights and the procedural efficiency;In the second chapter, comparison and reference for the criminal pretrial review procedure of England,American, France,Germany, will improve the criminal pretrial review procedure useful and reasonable basis; The third chapter introduce the existing legislation, analyze the existing problems and the reasons in our country;The forth chapter proposes specific ideas of the perfect criminal pretrial review procedure. Including the examination scope,body of review,body of participation,start of pretrial review,the content of review,the way of review,review result, relief mechanism. And this procedure also needs some corresponding necessary facilities to consummate, such as improvement the summary procedures and the establishment of discovery system.
Keywords/Search Tags:Criminal pretrial review procedure, Prejudication judge, The scope of the review, Summary procedure, Discovery system
PDF Full Text Request
Related items