Investigation Of Simple Procedure Of Review And Prosecution

Article136of Criminal Law provide that, all of the cases needed to be take a legal actionshould be examined and approved by People’s Procurator. Stage of review and prosecution isessential for the case entering judiciary proceedings in our country and it is can not beneglected.Review and prosecution is an independent litigation phase. Investigating and prosecutingapparatus is the only one for carrying on review and prosecution. Authority of review andprosecution is one of the basic rights of prosecution; it has special function and value toconnect investigation procedure and judicial proceedings. Scientific setting of procedure ofreview and prosecution is important guarantee of against crime and guarding human rights.Now, procedure of review and prosecution is suitable for all the cases of public charge.Procedure of review and prosecution is not simplified, even for case of using simple procedurein investigation procedure. For the case of simple procedure, fact is simple, evidence is clear,judicial proceedings can be simplified, so procedure of review and prosecution also should besimplified as the preparation procedure of judgment. Comparison of some basic principles ofcriminal suit system between mainland and Macao, there are64rules of pre-procedure inmainland criminal law, it occupied one fourth of the law. Put on record, Investigation andProsecution were set as one series (second series) and were divided in three chapters, itseparate Put on record, Investigation and Prosecution into three independent prosecution phase.Preliminary phase of Macao criminal law is same as second series of mainland criminal law. Ithas69rules and only occupy one seventh of the law. So it can be seen that mainland criminalsuit system pay more attention on prosecution of pre-procedure. As well as, one volume wascreated for special prosecution procedure in Macao criminal law, it is coordinate withjudgment volume. Three series were provided for procedure of simple legal provisions, simplelegal procedures and minor illegal proceedings, there are27rules. Simple procedure wasprovided in procedure at first instance as a section with6rules, because mainland noexperiences in minor prosecution and it need to be summarized learned and perfected.Mainland scholars think that minor prosecution is difficult to practice. Minor procedure ofMacao criminal law not only simplified judiciary proceedings, but also has effect on phase ofprosecution and investigation. For example, criminal law of Macao provided that records canbe used as formal indictment in minor procedure, Investigating and prosecuting apparatus does not need to prepare and check indictment. So, revolution of minor prosecution should focusedon simplify judiciary proceedings and prosecution procedure at the same time. Simplify orneglect prosecution procedure for special case and make it direct enter judiciary proceedings.Our revolution of minor prosecution should take court hearing as center, set apart complicatedand simple procedure in the whole litigation procedure, avoid on focused on try procedure.The author used foreign related knowledge and research results as reference in thepreparation of this paper and ensures its rationality with jurisprudence analysis. Methods ofliterature investigation, function analysis, experience summary etc. were used to study theadvantage of minor prosecution procedure for systematically, in-depth and detailed masteringthis research project. Our study aimed at making minor procedure of review and prosecution tobe practiced, fulfilling the need of our society, supplying the law gap and perfecting thepre-procedure of review and prosecution.