The Criminal Pretrial Review Procedure Research

In our country, the criminal pretrial review procedure is not as separate programs,has long been attached to Yu Ting of pretrial procedure, in the criminal procedure in amarginalized position.In the legislative design,our current criminal pretrial reviewprocedure also did not have the basic functions of inhibit of public prosecution. Themain evidence" copy" to the doctrine is not completely in order to remove the purposeof justice prejudge.So,establishing the conditions of our country’s criminal pretrialreview procedure be imperative.My paper on criminal pretrial review procedure for arelatively systematic research.In view of our country present criminal pretrial reviewprocedure defects.Puts forward the reconstruction of criminal pretrial procedure inChina the basic ideas and practices.This paper is divided into three parts.The first part are respectively from thepretrial review procedure concept, characteristics, significance,function four aspectsto the pretrial review procedure basic theory are summarized.The second part of this paper describes our pretrial review procedure legislation.Legislation of procuratorial work mechanism." The main evidence" photocopyism.Judicial review of criminal cases,Procuratorate to the prosecution of the court as longas some procedural legal requirements, the court will be hearing. China’s currentpretrial review procedure has tended to" program". Next, this article discusses currentpretrial review procedure legislation and practical operation problems.The third part is this article key point. First elaborated the pretrial reviewprocedure reform should follow the five principles. Next, on how to reconstruct theChinese criminal pretrial review procedure and put forward the main train of thought:program reform will have operational,In the justice and efficiency value to find abalance between. Finally, this article on the reconstruction of China’s criminal pretrialreview procedure put forward specific practices. The authors put forward sevenpoints,specifically: the criminal pretrial review procedure to do independent program, required by special judge responsible for review, explicit review application, Establishreview specific manner, specification review operation mode and content, constructthe evidence discovery system and court review after treatment. In the wake of thebody are respectively provided with focus of the discussion.