The Construction Of Criminal Pretrial Procedure In China

Criminal pre-trial procedure means that in criminal proceedings, between the prosecution process and judicial proceedings, according to the pre-application materials submitted by the prosecution, according to the terms of reference for review by the independent examining body, delivesring independent decision whether criminal proceedings the trial court. Criminal pre-trial proceedings in criminal proceedings play an important role in preventing the abuse of pre-trial review of the Prosecution Right through realization of human rights protection. In our country criminal proceedings, because of the lack of criminal pre-trial proceedings, to the smooth conduct of criminal proceedings brought some negative effects, such as stage of the proceedings and the integrity of the judicial authority to establish and so, therefore, on the one hand to ensure that the criminal proceedings the smooth development, on the other hand to implement the requirements of judicial reform and the international community to criminal pre-trial proceedings trend, China should establish a criminal pre-trial proceedings. Accordingly, this paper from four aspects of a criminal pre-trial proceedings with the statement that the general principles of criminal pre-trial proceedings, legislation extraterritorial criminal investigation pre-trial proceedings, the establishment of pre-trial criminal procedure as well as the necessity and feasibility analysis of the pre-trial criminal procedure Construction specific path.The first part describes the general principles of the criminal pre-trial proceedings, including the pre-trial proceedings in criminal connotation, features, and functions of the legal basis. Firstly, from the perspective of the other horizontal main connotation of the rule of law on pre-trial criminal procedure, criminal pre-trial procedures have drawn broad and narrow sense, through comparative analysis concluded that pre-trial proceedings in the narrow sense for the contents of this paper. Interpretation of the pre-trial criminal procedure according to the characteristics of pre-trial proceedings in criminal connotations, such as pre-trial criminal procedure of internal and external independence, participation of participants in the proceedings, etc., and demonstrates the legal basis of the pre-trial criminal procedure-procedural justice, and criminal pre-trial Features.The second part of extraterritorial criminal legislation pre-trial investigation process. This section examines the common law and civil law countries main rule criminal pre-trial procedures, through a comparative analysis of their similarities and differences, to provide reference for the construction of pre-trial criminal proceedings.The third part analyzes the necessity and feasibility of the establishment of the pre-trial criminal proceedings. Strengthening protection of human rights, establish a judicial authority, proceedings structural adjustment, improve the efficiency of criminal proceedings and the judicial system with international standards to establish the necessity of pre-trial criminal proceedings five demonstration. Enhance the values of criminal procedure, trial basis and judicial review of legislation pre-trial criminal procedure and trial practice for the establishment of the pre-trial criminal procedure provides feasibility.The fourth part is the specific path of the pre-trial criminal procedure construction. Specific discussion of the establishment of the pre-trial criminal procedure should satisfy the prerequisite that the remodeling and prosecutors in criminal proceedings prosecutorial power structure defined under this precondition, specifically addressed the establishment of pre-trial criminal proceedings.