| Preliminary hearing procedure is a pretrial procedure in criminal procedure.“Preliminary hearing” referred in the article is not the “pretrial investigation” which is stipulated in section 114 of Chinese criminal procedure law.Reference to other national laws,By the standard of the scope of the function of judicial review,preliminary hearing procedure can define by broad and narrow points.The narrow sense is the most basic review prosecution function of the pretrial procedure,That is,the subject of pretrial authority reviews the request for prosecution and decides whether to deliver the trial.From The broad sense,the power of the subject of pretrial authority covers All judicial review acts,including the examination and approval of investigation acts and compulsory measures involving the rights and interests of persons involved in the prosecution.Some scholars in China who study on preliminary hearing procedure,have a vague understanding of the concept of preliminary hearing procedure,and confuse two completely different programs between china and foreign countries,leading to a senseless dispute whether the present law of our country has the whole lack of pretrial system.Criminal preliminary hearing procedure is of great significance to guarantee the justice of criminal litigation and improve the efficiency of criminal procedure.First of all,this paper makes a clear definition of the concept of preliminary hearing procedure,and further studies the principles,functions and values of preliminary hearing procedure.Secondly,through the study of the history and legislation of the two major legal systems,the comparative analysis of the characteristics of the preliminary hearing procedure of the two major legal systems is carried out.Finally,by referring to the relevant provisions of the preliminary hearing procedure of countries and combining with our country,we will explore how to build a criminal preliminary hearing procedure in our country. |
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