Investigation Into Perfection Of Pre-trial Procedures In Criminal Proceedings

The Criminal Pre-trial Procedures, whose construction is not only related to effective accountability for crimes, but also to protect the human rights of both parties, namely the ability to achieve the dual purpose of criminal proceedings, play an increasingly important role in the criminal proceedings. Having personally witnessed that the human rights of criminal suspect was ignored by public security officers and prosecutors in our pre-trial proceedings, I resolved to adopt the Criminal Pre-trial Procedures as my thesis topic. Taking the rights protection of criminal suspects as the cut-in point and focusing on the two stages of the investigation and prosecution, this thesis researches on how Detective organs exercise power on behalf of national security without violating rights of criminal suspects. This thesis comprises four chapters:The first chapter chiefly stresses the significance of the pretrial procedure in criminal proceedings, which possesses its own independent value, can never be neglected. In pre-trial proceedings, both justice and efficiency must be given equal consideration in order to lay a good foundation for court trial. In addition, protecting the interests of criminal suspect in pre-trial proceedings has an exceedingly positive impact on the maintenance of our social harmony.The second chapter presents the source and development of pre-trial proceedings, both domestic and abroad. In consequence, four principles are supposed to be followed, that is, principle of presumption of innocence, the principle of proportionality, principle of procedural openness and principle of participation.The third chapter makes a contrast between the domestic and foreign pre-trial procedures in safeguarding the rights and interests of criminal suspects from a microscopic point of view, which leads to a conclusion that our country should follow the foreign advanced concept and make certain appropriate reforms accordingly in terms of Guarantor Pending trial and Silence Right.The fourth chapter mainly puts forwards several suggestions on how to construct Chinese Criminal Pre-trial Procedure System from a macro perspective, which includes the following aspects:the investigation should be appropriately disclosed, counsel should play effective role in the proceedings, construction of Judicial Review of compulsory measures, and the plea bargaining, etc..