Study Of The Criminal Trial Preparation Procedures

There are two different kinds of comprehensions about the preparation procedure of the criminal trial. The preparation procedure of the criminal trial in this thesis means that a series of lawsuit activities after place on file, for criminal trial going on smoothly, for the purpose of criminal trial's being realized . The preparation procedure of the criminal trial is one kind of necessary and important procedure. It is the procedure that make criminal trial go on smoothly. The preparation procedure of the criminal trial is one procedure of gathering proofs and putting down the crimes. It has an important significance for achieving the function of Criminal Law and is a stronghold of safeguarding human rights . The function of diffluence in it incarnates fair and benefit and the conception of criminal procedure in this days. .The basic aspect of amending of our Criminal Procedure Law in 1996 is successful ,but in practice ,it didn't do its best .The main reason is that the sustainable measure didn't do what they should do. Meanwhile, The preparation procedure of the Criminal Judge is a very important part of it. So, analyzing the preparation procedure of the criminal trial has important significance now.This thesis include 2 parts and 7 chapters. In the front 4 chapters, I discussed the basic theory of the preparation procedure of the criminal trial; in the rest 3 chapters, I analyzed 3 kinds of representative procedure in the preparation procedure of the criminal trial, indicated some problems and point out some ways to resolve it . In my thesis , I analysized the value ,the function and the basic principles of the preparation procedure and the connection within them of the criminal procedure firstly, and then I averred carrying out the whole mode between the police and the procurator, reforming the supervise procedure of the procurator, and judging or checking by a judger. I ,also, classified the preparation procedure into three sorts: the procedure of advancing suit, the procedure of preparation proofs and the procedure of guaranteeing human rights and analyzed some vital procedure, i.e. the procedure of the lawyer defense. I put forward that the lawyer should intervene the procedure earlier, and guarantee their rights of present, obtaining information, interview and communication.In one word, I emphasized researching the basic theory in the front part and followed themethod of look for the problem, analyze the problem and resolve the problem on the whole in the rest part. I didn't make the analysis and newly construction as one chapter, but impenetrate them into every chapter. I hope that this thesis could give some illumination to our criminal procedural reformation.For the require and convenience of my research, this thesis only touched upon the normality of the Criminal Procedure--public prosecution.