Study On Criminal Pretrial In China

In1996，the reasonable factors from the parties of the case were absorbed inCriminal Procedure Law.“Entire case model”has been changed to“major evidencemodel” before court, which is in order to avoid the judge reading too much aboutcase file to cause subjective judgment easily. Pretrial plays an important roleconnecting the prosecution procedure and the judicial procedure which restrict theprosecution procedure and decide the model of the trial. The pretrial carry out a majorstep to implement the principle of exclusion of prejudge after the modified CriminalProcedure Law, however the indictment way and the prosecution review mode has notreached expected purpose.Based on the situation, this article will put forward the theoretic basics andmaterial ideas on establishment of the reform of the pretrial to enrich the theoreticresearch and judicatory practices. The article included four parts:The first chapter involved the keystone of pretrial. It included the definition of thepretrial, characters, qualities and the functions.The second chapter discussed the history of pretrial and the Judicial Situation.Mainly to discuss the development of pretrial in law and the advantages anddisadvantages after the modified Criminal Procedure. The reason of the disadvantagesof the pretrial is the main part of this chapter.The third chapter learned from the foreign pretrial system. The national courts canrefer to the successful experience.The fourth chapter put forward the way to establish the pretrial. The necessary andfeasibility to reform the pretrial is the first part. The second is the main of thischapter,including the choice of the pretrial, the legal nature, institutional settings andso on. The last the last is the supporting guarantee measures.