Study On The Pretrial Procedure Of China's Criminal Tribunals

The criminal pretrial procedure is an important procedure in criminal litigation,it refers to the public prosecution of criminal cases by public prosecution prosecution to the court hearing before the organs and personnel involved in litigation to follow the order,methods and steps of action and the resulting sum litigation relations.In the sense of litigation stage,it is very important to take the public prosecution procedure and initiate the trial procedure in criminal pretrial procedure,which is very important for promoting the smooth operation of criminal proceedings,preventing the abuse of public prosecution power,ensuring the effective concentration of trial and improving the efficiency of litigation.The criminal pretrial procedure has the functions of prosecution review,clarity and integrity,procedure diversion and illegal evidence exclusion.Therefore,it plays a significant role in improving the efficiency of court hearing,guaranteeing the justice of trial,guaranteeing the equality between the prosecution and the defense and the diversion of cases.Through the comparative study of foreign related pretrial procedures,including the Anglo American law system and continental law system,such as Britain and the United States,such as Germany and France,in addition to Japan and study the relevant procedures,has important significance for better development of China criminal pretrial procedure.The main rule of law countries in the world have perfected the pretrial procedure in criminal law,so that the public prosecution can be examined,so that we can deliver the cases that accord with the conditions for trial in court,and make necessary preparations for the formal hearing of the court.However,in our country,the criminal court procedure is not an independent procedure,and it has not been paid enough attention in the criminal procedure for a long time.The criminal procedure law amended in 2012 can be regarded as a significant change in the history of China's litigation development after the founding of new China.At the same time,the criminal pretrial procedure has been stipulated,and the way of public prosecution review has been resumed.In 2017,China promulgated the "people's court's procedures for the pretrial conference of criminal cases(Trial Implementation)",which improved the pretrial conference system,making the pretrial procedure better serve for court trial.However,our pretrial procedure still has many deficiencies,although the case transferred to the public prosecution again,but still only carries on the review process and the abuse of public prosecution power cannot be completely suppressed,easy to cause the pretrial prejudge the judge,the criminal pretrial procedure can better play the role of the diversion of cases,at the same time the lack of relevant systems,such as the discovery of evidence system.Finally,combining with the judicial practice of our country,according to the new criminal procedure law and relevant judicial interpretations of the criminal pretrial procedure improvement suggestions,and summarizes several principles of China's criminal pretrial procedure should be followed,the first is from the subject,the pretrial procedure to review the treatment scope,review and review of the relief to perfect the pretrial review procedure of operation mechanism,the second is to improve the pretrial procedure of the case diversion mechanism,and finally to establish the perfect system of disclosure of evidence.Thus,the value of the pretrial procedure of the Criminal Court of our country is brought into play effectively and effectively,and the justice and efficiency of the trial are realized.