The Study Of Reform Of Criminal Proceedings Before The Court Review Process

At present, Criminal Procedure Law is brewing it’s second overhaul at the end of2011in order to conform to the calling for deep reform of mode of trial.The draft ofCriminal Procedure Law Amendnent has just been passed this year whicn have also madethe related changes on the pretrial review procedure.One of the most notable is to restorethe " whole case transfer" which has been abandoned in1996when the CriminalProcedure Law is being reformed.The first part briefly expounds the difference in concept defination between homeand abroad beginning with defining our country’s criminal pretrial review procedure.Basedon confirming the institutional connotation,it briefly summarizes this system′s basicfunction,which lay the theory foundation for relacating the criminal pretrial reviewprocedure.The second part systematicly introduces the criminal pretrial review procedure inFrance, Germany, Britain, the United States and so on.This section compares thedifferences of system establishment on criminal pretrial review procedure review indifferent countries from the review start-up, review subject and the judge standarddelivery,and finds out the advantages and disadvantages give some reference for thesystem reformation in our country.This part compares all previous reformations on the criminal review procedure in ourcountry.Based on that,it mainly makes brief comments on the return of "whole casesystem" which just have been passed this year Recognizing all the fetters ofregression-ism existed,it analyses the disadvantages of current criminal pretrial reviewprocedure objectively.Most of the scholars concentrates on the concrete implementation measures ofcriminal pretrial review procedure,and they can’t effectively hold the original intention ofthe procedure.At the end of the paper, relacating the criminal pretrial review procedurecatches our eyes.The author puts forward some ideas on the reconstruction aboutregulations of criminal pretrial review procedure in China based on perfecting operation mechanism and corresponding mechanisms.