| Pre-trial is an important system in the criminal procedure.Generally,the pre-trial in the western sense refers to the pre-examination judge's preliminary review activities between the prosecution procedure and the trial procedure.Investigation pre-trial of China is a criminal litigation system based on the experience of foreign pre-trial systems,China's unique judicial system and the localization of judicial culture on the pre-trial system.It is different from the prejudgment in the traditional sense of the Western countries in many aspects,such as the subject of power and the stage of application,and it refers to the public security and other investigative organs of the pre-trial department in accordance with the law to carry out supervision and review of the investigation of the case to determine whether the suspect will be transferred to a prosecution of investigation activities.The reform of the litigation system with ‘trial as the center' puts forward higher requirements on the investigation activities of the public security organs.The function of supervision,investigation,continuation investigation and legality protection in the investigation predication system of China is conducive to promoting the conduct of criminal procedures,safeguarding the justice and improving the quality of case handling.The prototype of pre-trial examination has appeared during the slave society of our country the real pre-trial system was officially introduced into our country in the late Qing Dynasty,and inherited in the early period of the Republic of China.However,the pre-trial system was cancelled during the period of the Nanjing national Government.During the period of revolutionary bases,the reconnaissance pre-trial system was re-established,and a variety of operational modes were explored.After the founding of the People's Republic of China,the investigation pre-trial system in our country has always been a mode of "investigation and trial" in the public security organs.Due to the fact that the ‘investigative and auditing' model is inefficient and wastes judicial resources,in 1997,the Ministry of Public Security made a reform decision to cancel the independent pre-trial department and to build the mode of "reconnaissance and reviewing".However,the current "investigation and examination in one" mode also exposes many problems such as the decline in the quality of investigations and poor communications with the presecuratorial organs in practice.The reason is mainly due to the lack of systematic legal provisions,the quality of investigators and the actual requirements.Adaptation and investigation of the function of the pre-trial system should subside.Procedural justice is an important guarantee for substantive fairness.Complete program design is extremely important for preventing falsified and erroneous cases.In order to realize the trial-oriented reform of the litigation system,it is imperative to improve the current pretrial investigation system in China.The judiciary system in our country is quite different from the legal system of the Britain and America.It is not feasible to forcefully introduce the Western pre-trial judge system.Compared with the view that pre-trial bodies are set up in courts and prosecuratorates,the re-establishment of the “preliminary investigation” mode of investigation pre-trial by the public security organs not only conforms to the requirements of the “Criminal Procedure Law”,but also most conducive to the realization of the investigation pre-trial function.Nowadays,Today,the legal department has covered some of the functions of the old prequalification department.The public security organs can further expand their functions and regard the legal department as the main body of investigation and pretrial,and complete the reconstruction of the “investigation,review,and division” model from the aspects of ensuring the function,advancing the construction of legislation,implementing external supervision,and strengthening personnel capabilities. |
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