Study On The Construction Of Chinese Pretrial Review Process

The right of prosecution is a very important power of litigation in the criminal proceedings. Investigative organs after the conclusion of the investigation of the criminal cases, transferred to prosecutors, prosecutorial authorities will cases that meet the statutory conditions for prosecution to the court proceedings, the re-trial by the court, and the case officially reached the trial stage. As can be seen, the prosecution as intermediate links, and its role is very important, so there is a great possibility of abuse prosecution rights owned, not conducive to safeguarding judicial justice, and establish the authority of the judiciary. Therefore, China will need to establish a Pretrial review process. Supervision of the prosecution right constraints and is closely related to a country’s criminal justice system.China’s legislative abuse, lack of prosecution right to restrict the relevant provisions of the review process for Pretrial complete the look of a restrictive mechanism, in view of this, I tried Pretrial review process suited to China’s national conditions in his discussion of why it is necessary to build premise, analysis the extraterritorial representative national Pretrial Procedure, in order to seek a reasonable direction of the Construction of the review mechanism in court.Pretrial building set in line with China’s national conditions improve independent review process. Constructed Pretrial review process has a very important significance for the protection of the rights of criminal suspects, to achieve justice and promote the rule of law in our country. The paper first discusses the necessity of building a Pretrial review process, demonstrated why Pretrial Review procedures; Second, the analysis of a U.S. grand jury system, the pre-trial procedures, France and Germany, an intermediate program:again, learn from foreign system on the basis of from Pretrial scope of the review process, start to review the main body, to review the contents of the review in the form of Open Evidence, comprehensive specification ruling with relief, etc. specific ideas proposed to build China’s Pretrial review process, I hope be beneficial to China’s criminal Procedure Reform.