On The Pre-trial Examination Procedure In Public Prosecution

The Pre-trial Examination in Public Prosecution,means after the procuratorial organ instituting a public prosecution, the court make a preliminary examination on the prosecution before the trial so as to to decide whether give it a commit for trial. As a independent judicial proceeding, its main function is to make sure the rationality and legality of the public prosecution in case of a unnecessary and groundless trial, to assure the citizen's rights and to save the lawsuit resource, in the end, achieve the unite of justice and efficiency.Based on differences in history cultural and national consciousness,in the development of the Pre-court Examination in Public Prosecution in the countries are different,such as the scope of application,authority,the manner and so on,here are many differences even conflict.however,with the worldwide development and communication of lawsuit cultural,turns out some characters to be common,like the comprehension location and value on the procedure,for example,they are all affirm the procedure's independency and assort the procedure with the discovery of evidence system.All those improvement will help us to perfect our system.Our Pre-trial Examination in Public Prosecution is among the latecomers,came through a long and tortuous road,After the establishment of new china,as the criminal proceeding change from official system to the Adversary system,for conquer the defects such as "go through the motions in court hearing",Pre-trial Examination in Public Prosecution procedure had a significant reformation,but because of some defects in the amendment,comparing to the similar programs in the world, our procedure lost the function and meaning that as an independent program should display,led to a situation that Judicial authorities and the defendants take our Pre-trial Examination procedure in Public Prosecution seriously in the long time,and In the Practice, also failed to really eliminate prognostic, saving the judicial resources and safeguard human rights,playing no role to the development of criminal procedure..In recent years, with the development of the theory of criminal procedure, the importance of pretrial procedure has attracted the attention of the academic and judicial practice, in such an environments a important part, the function of divison,controling the prosecution,Protecting defendants'rights and interests from Pre-trial Examination in Public Prosecution,has gradually caused widespread concern,The program itself face another re-understood and construction,To this, this paper investigates comparative relevant foreign reform background and experience,In consideration of the legal process and the realistic situation, summarizes the universality principle and function of Pre-trial Examination procedure in Public Prosecution,Used to guide our reform and improve the system.Through the analysis the Pre-trial Examination procedure in Public Prosecution in China existing disadvantages and reason, and around the program involves the judicial review, the evidence shows ideas and so on. This paper insist on that in the road of reform,not only to stick to its inherent value concept, and to targeted use in the Pre-court Examination procedure in Public Prosecution.on one hand, under the law on inheritance,to the 79 points to relevant provision in the criminal procedure law, can no longer be complete denial, we should be sure the positive aspects in inhibiting public prosecution.On the other hand, in real development, in the choice of the path of reform, we do not need to blindly imitate the way of Britain or Japan's "exclusiveness of the bill of prosecution" etc,but according to our country's criminal procedure in the construction of the development of the relevant system and resources.In reform ways and steps, we should give full consideration in the growing situation of our country's criminal procedure legislation and practical aspects,keep the consistency and coordination of reform to practice,so as to establish the Pre-trial Examination procedure in Public Prosecution that filled with Chinese characteristics.