Study On The Participation Of Prosecutors In Pretrial Detention

Chinese Constitution and the Criminal Procedure Law have successively defined human rights protection as a basic principle.The theoretical and practical circles are also actively exploring the path of human rights protection.The one being prosecuted participating in the specific procedure,and applying the influence to result of the procedure,is the embodiment of human rights protection.At the same time,the proceedings of the prosecuted person are also procedural justice requirements.In this paper,the study in the participation of prosecutor in pre-trial detention is also to promote procedural justice,promote substantive justice through the process of justice.Chinese current legal environment determines the judicial review system is not realistic in our country.From the perspective of program participation,involvement of the proceedings of the person being prosecuted can have a substantial impact on the decision-making and enforcement of pre-trial detention by improving the path of the person involved in the proceedings,by promoting the ability of the prosecuted person to participate in the process.In addition to the introduction,the text is divided into four chapters.The first chapter is the basic theory chapter,a total of three sections.The first section defines the concept of pre-trial detention,procedural participation and other related concepts.To define the procedural participation of the form and the substantive distinction;The second section is the theory of procedural participation,subjectivity theory and procedures justice theory.The third section analyzes the three values of the participation of the prosecuted person in the pre-trial detention.The second chapter is the legislative and practical study chapter,a total of three sections.The first section introduces and analyzes the current situation of the legislation of the prosecuted person in the pre-trial detention,including the path,ability and effect of the procedure of the prosecuted person.The second section introduces and analyzes the situation of the practice in our country.The third section is the shortcomings and causes of our legislation and practice.The third chapter is a cross-examination chapter,a total of two sections.The first section introduces the system of four countries in Germany,France,Japan and Russia.In the second section,on the basis of analyzing the relevant system,the author analyzes the areas that can be used for reference in various countries.The fourth chapter is the advice chapter,a total of three sections.The first section analyzes the basic principles that should be followed to improve the procedure of the prosecution in the pre-trial detention.The second section puts forward the suggestions from the three aspects of broadening the process of participating in the procedure,strengthening the procedure participation ability and promoting the participation of the program.The third section puts forward two supporting measures,clarify the principle of procedural participation and enhance the judicial awareness of the judiciary and its staff.The innovation of this article is mainly reflected in the following aspects: First,the reverse thinking about the reform of pre-trial detention,through the improvement of the proceedings of the prosecutor to participate in the decision of pre-trial detention and implementation;Second,to define the nature of procedural participation,to deny the view that procedural participation is a right;Third,learn from the advanced practice outside the domain,advocated the establishment of a system of censorship,arresting the prerequisite system,allowing the respondent to appeal to the decision to consent to arrest.