Criminal Pre-trial Judicial Review System To Build The Research

Modern country ruling by law is one, which meets the balance through separating and restricting of the country power for each other. The typical representation of the balance restricting of jurisdiction of legislative and administrative power is just the judicial review system, which ensures the running of country power complies with the motive by reviewing the validity of country power operation through exerting absolutely the judicature dynamic function of court. Meanwhile, it also can safeguard the legitimate rights and interests of citizens who have the right of application judicial protection when they are exposed to illegal encroach from country power. In effect, judicial review system is a restricting and separating balance mechanism in terms of political system; on the other hand, from the angle of right safeguard, it is a right relief mechanism. In a broad sense, judicial review system consists of violation of the constitution review and administrative proceedings. The former is the manifestation of balance restricting of judicial power to legislative, the latter is judicial power to administrative power. Criminal pretrial judicial review system this article concerns is the operate condition of judicial review system in the field of criminal pretrial, that is the judicial apparatus reviews the prosecution legitimacy which restricts and deprives the citizens' basic right, and to which put into effect the prosecutor in the pretrial proceedings through the judicial review actives, either in advance or afterwards. Therefore, pretrial proceeding is channeled into litigation. Since china is lack of the idea of judicial review long time, some system designs in current law are seriously departing from the review. Thus, it has led to the serious structure drawbacks of the currency criminal proceeding mechanism while the western countries almost establish pretrial judicial review system. Standing the condition of our country, using for reference of theadvanced experience of other countries, up-building judicial review system in the pretrial proceeding is the basic orientation of criminal pretrial proceedings, even criminal judicial innovation in China. This article has a macroscopic survey and a theory exploration on the judicial review system, then put forward the conceive of it and make relevant system device.There are three sections following:Part one: Make a macroscopic survey on judicial review system. Put forward to the theory of country ruling by law and the theory of judicial supremacy are the origin of modern judicial review system; Moreover, determinate the country power balance restricting mechanism and right relief mechanism frpm various angles in relate to the essence of judicial review system. As the way of judicial review system-criminal judicial review system-criminal pretrial review system, the focus of this article pay attention to is criminal pretrial judicial review system.Part two: In this section, the article has explored on theory some crucial subjects relates to up-build our criminal pretrial review system: The structure flow which was brought by the absence of judicial review system in our criminal procedure; The comparison between the current criminal procuratorial supervision and the judicial review system; And the judge, the review mode, the function, the extent of judicial reviews and so on.Part three: Put forward to the basic conceives of criminal pretrial judicial review system, through three aspects to expatiate. These are the preparation on theory, relevant systems and specific proceeding device of up-building criminal pretrial judicial system".