Indictable Review Of Theory

The system of public prosecution examination means mainly that the organization set up specially examine the prosecution suggestion of the procuratorate according to the fact and law when the criminal case is after investigating and initiation of public prosecution,in order to confirm whether it is proper to prosecute and whether it is necessary to open the court session and try this case. The public prosecution examination,in front of the trial procedure,receives the legislator's attention because of the natural direct intimate relation between it and the trial methods. The nature of the public prosecution examination is examination;the nature of the formal court's trial is try. The two can't be the same. Although the former is the latter's prerequisite,the latter is not the former's simple continuity. Now,the countries all over the world consist of the system of public prosecution examination basically. It is only the concrete establishment and operating mechanism are not the same,for example,the preliminary hearing of dual track system of U.S.A,the preliminary hearing of public security court of Britain,the preliminary hearing of two grades of France,and the interludes procedure of Germany,etc.Analysing from the procedural theory,there are peculiar value and necessities to structure the system of public prosecution examination between the prosecution suggestion of the procuratorate and the formal court trial. It is the concrete request and reflecting of the procedure justice and procedure efficiency. It reflects the rational restriction to the government's right in prosecution and the guarantee to the defendant's right of the process of procedure democratization and scientific and the modem society.Set out from the peculiar procedure value,function and purpose of the public prosecution,the construction of the concrete mode of this system should be followed the principles of judicial examination on the subject,and substantive examination on the range and the rules avoiding the forejudge,basing on fact and taking law as criterion,in order to accord with the legal spirit and procedural theory of the public prosecution.The current public prosecution mode in our country took shape from the past whole case-examine mode in the base of the thinking to get ride of the drawbacks in the past. In practice,it has not only become effective and cause out a lot of new defaults,for example,the definition of the main evidence is not clear,the transfer range of the case files is unclear and the stipulate of the examine consequence is not enough. In order to reform and perfect the current public prosecution mode,we should regard the theory of the public prosecution as guide,combine our country's conditions,on methodology jump out of the circle relatively drawing lessons from the past,on the procedural theory,change the idea that the forejudge caused from the substantive examination and clarify the objective fact the current public prosecution include theessential substantive examination,in practice regard legitimacy,rationality and flexibility as the principle of law enforcement before the law to revise,in legislationdefine the concept of the main evidence clearly,add the regulation to dispatch the examine judge and the trial judge,regulate the treatment methods after examination and revise some rules about the summary procedure.