On Criminal Justice Review System

As the product of development of western law civilization and the main character of the countries under the rule of law, judicial review system has been well established in modern countries under the rule of law. The definition of review of criminal justice system indicates: through prior and after judicial investigation, the senior umpire institution can judge the validity of possible restriction or depriving of citizens' basic rights enforced by the detection institution in the process of detection so as to protect citizens' rights. In western countries, it is a common practice to set up judicial review system under the detection procedure. However, in China today, we still have not established judicial review system. Some projects in present laws go against the idea of judicial inspection.The purpose of this thesis is to bring forward the basic concept in establishing the review of criminal justice system in our country through detailed theoretical investigation for this system and thorough analysis of present laws in setting up this system in our country. This paper consists of six major parts except the introduction and conclusion.In first part, through investigating the formation and the history of the judicial review system, we can see clearly that judicial review system is the result of long-term development under law civilization, besides this, this system both can show the basic feature of countries under the rule of law and can realize the inner enquiry of western developed legal idea. Judicial review system is legal system which can restrict the connected rights and can provide rightful judicial relief measures when personal rights are infringed by nation's rights.In second part, through analyzing judicial inspection, we get the definition and the content of review of criminal justice system. Then we define the content of judicial review system, that is to say, during the process of detection, compulsory measures for detection to citizens made by detection institution should be examined by judicial review.The third part mainly analyses the legal ideas which review of criminal justice system must follow, they are protection of human rights, authority surveillance restriction idea, concept of the presumption of innocence and procedure justice ideaThe forth part contrastive analyses the contents of review of criminal justice system...