A Study On Pretrial Review Procedure In Criminal Procedure

From the major developed countries in the world,the before trail procedure in criminal proceedings comprises two subroutine,one is the before trail review procedure,also called the prosecution review procedure,one is the before trail preparation procedure;The former mainly to limit the procuratorial organs of improper prosecution and to protect the human rights of criminal suspects,while the latter mainly to protect the smooth development of litigation and the efficiency of litigation.Although the criminal procedure law of China in 2012 perfects the content of some pretrial procedure,but the content of the before trail preparation procedure is far more than the content of the before trail review procedure,and also provides only a procedural review,which gives a discount on the function of the Qian review procedure.With the decision of the comprehensive promotion of the rule of law by law in the fourth plenary session of the 18 th session of China,the reform of the criminal litigation system centered on trial is also Fleshed,which is important is the gaigeting review procedure.Because only the optimization of the before trail review process can truly guarantee the central status of the trial,rather than let the trial.Therefore,the author attempts to compare the methods of foreign related systems to conduct a preliminary study of the before trail review procedure in criminal proceedings,and hope that some effective measures can be designed to optimize the review procedure in the criminal pretrial procedure.This paper is divided into four parts.The first part is the summary of the pretrial review procedure,mainly on the concept,characteristics,content,function and purpose.The second part is the description of the status of the criminal pretrial procedure,through which some problems.The third part is the introduction of the system of the criminal pretrial review in several developed countries,and then through the analysis of its system.The fourth part is based on the analysis of the current situation and problems of our system,give the thinking and reform measures,so that our criminal pretrial review procedure also play its due function.