On Construction Of The Criminal Pre-trial Procedures For Triage Mechanism

Pretrial criminal procedure division has been widely established in the major countries of the two legal systems and developed to different levels. In China, only does discretionary nol pros among pretrial the Procedure in the criminal proceedings embody function of the procedure division, further, the cases are very few. The institutes of making procedure division transform the aim of penalty and strengthen justice of judicature. It is a strong and effective method to resolve many problems of judicature .In China, legal view legislations and legal practice have been supplied conditions which are indispensable for establishing criminal procedure division pretrial. So, establishing pretrial criminal procedure division in China is not only necessary but also feasible. Establishing pretrial criminal procedure division in China, The talent problems which procedure division will conflict with all crimes must be punished doctrine of commencement of action by law presumption of innocence should be thought over but we are able to resolved these problems. pretrial criminal procedure division needs help of perfect institute of legal aid the institutes of legal aid in China are not perfect, must be reformed and perfected in order to establish institutes of making pretrial procedure division. The institutes of making pretrial procedure division which will be established in China should avoid inequity between the rich and the poor. Establishing in China should obey these principles. First, the principle of limited areas of application, including limited cases of application and limited stages of pretrial action. Second the principle of merging justice and efficiency. Guaranteeing justice of procedure division, the cases made procedure division must have some preconditions. The compensation agreement reached during procedure division should be justice and reasonable. Properly distributing powers of procedure division between investigative organization and prosecutorial organization take advantage of functions other social organizations hence enhance efficiency. Third, principle of merging criminals returning conveniently to society and recovering social harm. During making procedure division, imposing punishments other than criminalpunishment to the criminal is able to recovery the harm to victims, criminals themselves and society. Which made by commit a crime Postpone removal of causes for prosecuting the accused should be chosen as the model of procedure division in criminal investigation. The power to make decisions for procedure division in criminal investigation should be conferred to investigative organization at the same time, procurator organization perform supervisory power to it. The cases which are made procedure division should be slight harm to society. During procedure for commencement of action, discretionary nol pros and suspension of prosecution should be chosen as model of procedure division, the power to make decision for procedure division in prosecutions should be conferred to procreative organization.