Criminal Trial Judicial Review Of The Program Before The Mandatory Personal Disposition - Construction Of China-related Judicial Review System

Compulsive personal burdens in the pretrial process are some of the procedural measures to the suspect; they do not belong to criminal punishments. Backed up with the state's compulsive personal burdens, and often abused,, thus they always intrude the suspect's legal rights, especially personal rights .So it is of much importance to draw the Judicial Review System into the pretrial process. The Judicial Review system is the key and universal legal system in the modern democratic states. The key point is to review, bind and correct the illegal run of state's power and to protect or rescue the civil's legal rights, if they have been intruded. So, in fact, from the view of the human rights protection, the Judicial Review system is the rights-rescued system, and power-bonded system from the political system.We can seek the source of the system from the history of the Common law. The history of the Warrant and Due procedure in 16cn England just is the history of the system. Thus the Judicial Review system includes two basic rules: the Warrant rules and the post-execution review rules. Warrant rules stand for pre-execution review of compulsive personal burdens; a judge or judicial officer has the authority to sign a warrant of arrest or detention. Any official detention should be decided by an independent judge or judicial officer.As the effective measures to bind the run of state's power and to guarantee the legal rights, the Judicial Review system has been the key principle universally. And it is unavoidable to establish the system firmly in our country. For guaranteeing the successful implement of the criminal procedure, the law should establish the two basic rules of the Judicial Review system, but for preventing the negativeresult from it, the writer does a systematic study on the problem and give some corresponding advices for legislation: the Warrant should be carried into the detention, otherwise should be reviewed by the public prosecutor office afterwards. As a final protection way, the Post-execution review rules would help the suspect or the accused get rid of the illegal detention.