The Judge Hearing System Research

Judge Preliminary Hearing system is an important pretrial procedure which helps to promote criminal proceedings, guarantee fair acting and improve the efficiency of the action. There are lots of differences between our country and the other countries in this system. Our country does not exist the judge preliminary hearing system in the true sense.This paper is composed of four sections. The first section analyzes the concept of the Judge Preliminary Hearing Procedure and points out that, as to the meaning of Judge Preliminary Hearing Procedure, there is a distinction between the broad sense and the narrow sense.The narrow sense of Judge Preliminary Hearing means the review power solely possessed by the judiciary while the broad sense also somewhat includes the criminal investigation by the detective department. Moreover, this section demonstrates the differences between Judge Preliminary Hearing System and other related concepts and the special function of Preliminary Hearing system. The second section of this paper discusses foreign preliminary hearing systems and points out that:in Anglo—merican law system, Preliminary Hearing stresses in the subject who possesses the power of judicial review over the case in which the prosecutor is preparing to bring an action. In Romano—erman law system, Preliminary Hearing stresses in that judge collects evidence and verifies the facts on the base of preliminary detection. Judge determines whether suspected violated the criminal law and was submitted to trial. The third section of this paper discusses Chinese Preliminary Hearing system present situation and the existing problems. China does not exist the judge preliminary hearing system in the true sense, which affect the value of justice and efficiency. The fourth section of the paper discusses reconstruction of Judge Preliminary Hearing system. This section points out some basic principles of rebuilding preliminary hearing system, such as assurance of human rights, limitations of powers, attentions on fair and efficiency, foothold national condition, uses for reference suitably, the evidence writes out, moderate resistance. At the end of this section, the author proposes the conception of consummating the Preliminary Hearing system in China。...