On Judicial Review, In The Criminal Pre-trial Proceedings

It is argued in this thesis that the establishment of Judicial Investigation System (JIS) reflects a civilized ,scientific judicature ;nieets the internal demands from such litigation principles as procedural justice and the detachment of investigation from prosecution ,and thus has a solid theoretical foundation .JIS ,which maintains an effective control over the power of prosecuting organs ,protects the legal rights of citizens concerned ,is one of the important procedural systems in the western world .Establishrnent as well as systematic study of JIS in our nation will play an important role in deepening the reform of judicial systems and eliminating the corruption in judicial practice. The article consists of four parts .After introducing the origin of JLS ,the first part gives a thorough analysis of the historic evolution of JIS and notions ,properties involved ,thus analyses its theoretical foundation .In the introduction of two JIS5 as well as its distinctions ,reasons which bring about such distinctions are analysed from three aspects :political and philosophical tradition ,value option and lawfully cultural tradition. The second part analyses the situation of judicial investigation in our nation ,indicates that legislative supervision ,detective supervision are simply the internal supervisions of supervisory organs ,and the so-called preliminary investigation equals two-step detection ,both of which are lack of intrinsic quality judicial inverstigation possesses ,thus analyses the variety of dangers resulting from the want of JIS The third part discusses the necessity of transplanting JIS in terms of the goal of nations criminal lawsuit and trial procedure ,as well as the obstacles to transplanting JIS in terms of understanding and legislating the power of investigatory organs and nature of procutorate .on the basis of differentiating investigatory right from judicial right ,discussing the double qualities of procuratorate ,solutions to those problems have been put forward. The fourth part indicates nation抯 trial procedures cannot meet the basic demands of modern lawsuit ,thus suggests transplanting JIS ,and presents a series of designs for setting up this system in the nation.