Research On Criminal Preliminary Hearing Procedure

In1979, Chinese Criminal Procedural Law stipulated the Preliminary Hearing in the stage of investigation, but it is not the real maning of Criminal Preliminary Hearing. Preliminary Hearing is a special part of Criminal Procedural Law, which is located in the proceding stage of judicial procedure and in the rear of accusing procedure. The Preliminary Hearing plays an inportant part in supervising of investigational stage and judicial investigation. There is no Preliminary Hearing in the Criminal Procedural Law at present in our country,which will cause that the judicial organ can not restrict the accusing organ before the cases are appealed to the courts.It is an essential mission to revise the Criminal Procedural Law.Certainly how to stipulate the content of Preliminary Hearing,which is an important mission in the theoretical and practical field. This paper makes an inquary into this content.This paper includes four parts:The first part is about the summary of Criminal Preliminary Hearing. This part elaborates the connotation.the character and the form of Preliminary Hearing. The second part analysizes and compares foreign Preliminary Hearing and elaborates the implicaton of the Preliminary Hearing. According to introduce the Preliminary Hearing of Continental and Angl-American law system countries.we know about the Criminal Preliminal Hearing how to revolve and the main differences between Continental law system and Angl-American law system.which will be useful to stipulate the Preliminary Hearing in our country. The third part analysizes our present Preliminary Hearing. According to the introduction of the recent situations in the legislative and judicial stage, which elaborates the disvantages of the lack of Preliminary Hearing and provides some suggestions of Preliminary Hearing. We must stipulate this rule. The fourth part is the concrete stipulation of Preliminary Hearing. How to start this rule? Who is the main body of this rule? What are the catearv of the cases? What is the content of the rule? How to revolve the rule? What are the relief meathords of Preliminary Hearing? This part will elaborate concretely. I hope they will be useful to the revision of Criminal Procedural Law.