The Research On Criminal Pretrial Review Procedure

Criminal Pretrial Procedure is reviewing both indictable and prepare for the trial program which is a key bridge to keep the prosecution process and judicial proceedings smoothly through reasonable build and optimize the sound will greatly promote the Code of Criminal Procedure of the program overall development. The program through the Public Prosecution checks and balances to prevent improper driving prosecutors the right to sue and even abuses the right to sue; their trial judges to avoid preconceived ideas generated thereby reducing or even eliminating prejudge via pre-established system. Thus the creation and optimization of Criminal Pretrial procedural fairness has considerable importance for ensuring the effectiveness and litigation procedures. Two Schools of Criminal Procedure world countries generally have such a tendency that strengthen the procurator ate prosecution in order to protect the right of judicial review of the prosecution of human rights and interests are not unduly infringed. In comprehensively promote the construction of socialism with Chinese characteristics in the context of the judicial system, in2012," People’s Republic of China Criminal Procedure Law," the highly controversial prosecution files transferred range limitations canceled, replaced by a build up to with the case All files case file be transferred to the new court’s transfer system. The new system allows files transferred rights lawyer has been further strengthened, which is conducive to future defense on the trial so as to enhance the fairness of the prosecution and the defense confrontation. But if everything is the unity of opposites, the case docket system would result in the transfer of judges to cases arising prejudge that happen "after the first scheduled trial" situatioa this issue is worth considering. In this paper, analysis and comparison of the advantages of Criminal Pretrial Procedure combine our previous record established transfer system and the lack of foreign anchored, and ultimately made some suggestions with exploratory optimization Criminal Pretrial Procedure with the existing legal regime tentative.This paper is divided into four parts to carry out demonstration. The first part is an overview of Criminal Pretrial Procedure. This part of the process to define the Criminal Pretrial starting point for analysis, followed by the nature and principles of the Criminal Pretrial Procedure elaborate. The second part is a brief introduction of foreign Criminal Pretrial processes and procedures with contrast, induction brief analysis of methods. Reference resources, can learn. By comparing different countries presented construct Criminal Pre trial Procedure, revealing their similarities and differences, to provide a reference for the optimization of Criminal Pretrial proceedings. Docket Transfer System on Criminal Pretrial Procedure and prevent judges prejudge the right to sue the abuse has a significant impact.1979,1996,2012three " Code of Criminal Procedure," and1998’s "six ministries provisions " each developed different files transfer system, which reflects our cognitive system for transferring files to deepen also shows important system for transferring files of more attention. Therefore, the third part of the transfer system files from the author’s perspective on China’s Criminal Pretrial Procedure brief assessment conducted in different periods, excluding its unreasonable to extract meaning of the Criminal Procedure Code in line with the spirit, and as a post analysis thus sought to force point for2012criminal Procedure Law of criminal Pretrial Procedure breakthrough development. Natural law lag makes perfect legislative idea once again in contact with social life and even a tight budget deviates from the legislative intent will appear. To do this, review the history and explore the new Code of Criminal Procedure that we are implementing and our job is to organize the previously successful experiences and failures of judicial reform and trying to innovate on this basis, and constantly strive to achieve procedural justice and substantive justice.