Criminal Pretrial Procedure

The pretrial procedure refers to the stage between prosecution and trial in the criminal case. The content of pretrial procedure is mainly composed of two aspect, one is pretrial investegation,the other is pretrial preparation. Pretrial procedure links the trail stage and pretrial stage .The pretrial procedure has three mainly function: case filtering, procedure diversion and pretrial preparation. Pretrial procedure not only enhance the efficiency of the hearing procedure, moreover it can realize the function on safeguarding human rights in criminal prosecution procedure. At present, pretrial procedure also is at constantly reforming and adjusting. Looked from the overall, the pattern of Chinese pretrial procedure is take the authority principal as a foundation, at the same time it also absorbed certain factors from litigant principal. But because of the imperfect that Chinese pretrial procedure itself has, it is still impossible to fully manifest the function and the value that the pretrial procedure should have.In contemporary world there are three kinds of representative pretrial procedure pattern: the British and American litigant leading pattern, the French and German judges leading pattern and Japan's mixed type pattern. The British and American litigant leading pattern attention procedure pays much attention to protect the litigant' s right, both sides of the litigants participate the pretrial procedure actively, and the system of pretrial procedure is quite perfect and complex. The French and German judges leading pattern pays more attention to the crime control, the major activities of pretrial procedure are carried on by the judge, and the stipulation of pretrial procedure is simple. Japan's mixed type pattern is a product that the authority principal pattern and the litigant principle pattern unify. There are both the litigant principle elements and the authority principle elements in the pretrial procedure characteristic. In the counter- view of the pretrial procedure of our country, the main question existence at present is that the pretrial investigation and preparation procedure is too simple, and it is urgently to be perfected.In this article, the writer put forward some suggestions to perfect the pretrial...