Reconstruction Of The Criminal Pretrial Review Procedure In China

The criminal pretrial review procedure is in the process of criminal proceedings,judicial authorities for prosecution shall initiate public prosecution are reviewed and then decide whether to submit to trial, and make a program for the trial. Before the criminal court review procedure not only to review the abuse of public prosecution power, but also to prepare for the trial. Scientific and reasonable criminal pretrial review procedure is of great significance for the protection of the human rights of the accused.At the same time, the case diversion, clear the focus of the debate, the litigation efficiency has been greatly improved. In the true sense, our country does not have the criminal pretrial review procedure, based on the present situation of the abuse of public prosecution power in the judicial practice, the reform of the criminal pretrial review procedure in our country appears important and urgent. This paper analyzes the problems existing in the criminal pretrial review procedure, and the difficulties that may be encountered in the reform. This paper is divided into four parts:In the first part, the definition, function, orientation and theoretical basis of the criminal pretrial review procedure are summarized. The theoretical basis of the criminal pretrial review procedure mainly includes the theory of power restriction and the theory of human rights protection.The second part is the study of the criminal pretrial review procedure in foreign countries. The typical countries of continental law system and Anglo American law system are selected to study, trying to find out the common and different points of the criminal pretrial review procedure in foreign countries, and to provide experience for the reconstruction of the criminal pretrial review procedure in our country.In the third part, the first part is the analysis of the exploration and existing problems in the legislation of criminal pretrial review procedure in our country. Then,the paper discusses the existing problems in the process of constructing the criminal pretrial review procedure in our country and analyzes the reasons for the failure of its operation.The fourth part is the core of this paper. Reconstruction of China’s criminal pretrial review procedure. Mainly from the prosecution, the scope of review, start, review the organization and its personnel staffing, review content, review the way and review several aspects of the decision.