Criminal Procedure Preparation For Study

The Criminal Pretrial Preparatory Procedure (Preliminary Criminal Proceedings) is an important procedure before trial in the criminal suit It has the essential meaning that this procedure ensures the lawsuit to be just, promotes the criminal suit activity; and improves lawsuit efficiency. With the reform of criminal justice deepening day by day, the "wholly lacking" of our preparatory procedure has become the "bottleneck" which restrict the effective running of criminal trail and criminal procedure, this has brought a serious passive effect to criminal judicial activity. Our country should catch the opportunity that the criminal procedure law will be revised again soon, deepen and launch the systematically research to the preparatory procedure, and according with various kinds of experience which has been explored in our country's present judicial practice, expect to set up a scientific and rational preparatory procedure. This text is divided into four parts, about 30,000 words altogether.The first part relatively studies the preparatory procedure in foreign countries, as the U.S.A, the Britain, France, German and Japan. Through the analysis of five above-mentioned countries, we found that the preparatory procedure has the following functions: determining whether start court's trial; dividing the cases or handled them forehand; preparing evidence and other functions.The second part is a discussion to the basic theories of the procedure. At first, expounding the value of justice and efficiency in the preparatory procedure, and their conflict and unified appearance. Secondly, expounding the criminal suit purpose which are punish crimes and ensure human rights ,have their own request to the procedure; Moreover, because of having different emphasis point on the suit purpose in the common legal system and the continental legal system, their preparatory procedures embody different lawsuit structure characters. This part proposed to expound a view, that the procedure which has basic content as: prosecution checking, case diversion, and evidence preparing, other preparing, must has a direct purpose to ensuring the court's trial, It has the general value goal with procedure law, too; Finally, a synthesizing two structure's advantagesprocedure which can reflect science, democracy and efficiency in all-round way ,is the best way to realizing procedure's value and purpose.The third part discusses the current situation of the procedure in our country. Compare the procedure law of 1979 and 1996, we cam find that our procedures has the inquisitorial basis and adversary factor. Secondly, it discusses the whole structural defect and the special systems defect It proposes to find out the due developing direction and existing actual foundation of these systems, and offer the fact basis for the improving and structuring.The fourth part is to propose some suggestions on the procedure in order to meet the need of practice. Due to realize every function and efficiency of the procedure in the pretrial proceedings, paying attention to the effectiveness and proper convenient of the procedure, We should set up a relative concentrate procedure, then build the system of pretrial procedure judge and set the accused right guaranty system, and other assurance systems. Finally, propose some concrete imagines: set up "pretrial meeting" system, reform prosecutes review, perfect case diversion system and preparatory evidence system.