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The Research on Chinese Criminal Pretrial Review Procedure

Author: ZhuBing
Tutor: JiangZhiGang
School: Hunan University
Course: Legal
Keywords: criminal procedure the preliminary hearing procedure pre-trial process evidence discovery
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 140
Quote: 1
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Abstract


The pretrial procedure refers to the stage between prosecution and trial in the criminal case. The content of pretria1 procedure is mainly composed of two aspects, one is pretrial investigation,the other is pretrial preparation. Pretrial procedure links prosecution and pretrial stage. The pretrial procedure has three mainly functions: case filtering, procedure diversion and pretrial preparation. Pretrial procedure not on1y enhance the efficiency of the hearing procedure, moreover, it can realize the function on safeguarding human rights in crimina1 prosecution procedure.For the legislation and judicial around the world, the pretrial procedure is an important case before the trail stage. In front of the British and American legal system country, the pretrial procedure is restricted in the procedural nature. In England, the criminal court trying case must pass through first public security court in advance examination. But in American, it was done by local court. In the mainland legal system countries, pretria1 procedure is mainly revolved prosecution volume to carry on the substantive examination. For the case in France, practices the dual preliminary hearing system, while Germany has the independence hearing to prepare the stage.At present, pretrial procedure also is at constantly reforming and adjusting looked from the overall, the pattem of Chinese pretrial procedure is take the authority principal as a foundation, at the same time it also absorbed certain factors from litigant principal. But because of the imperfect that Chinese pretrial procedure itself has,it is still impossible to fu1ly manifest the function and the value that the pretrial procedure should have. PRC criminal procedure law has set up complex balance mechanism in relating to the non-prosecution, which increases the possibility of the undue prosecution. What more important is that Chinese pre-trail review has preclude the participation of the defendant, which has no advantage to the protection of human rights, but also fall away from basic requirement of due process.We can not imitate or transplant the other country,pattern blindly and we should set up a pattem adjust to our country’s characteristic. To realize this aim,it’s necessary to draw on the beneficial experience of other country, and combine it with the realty of our country to reform the present system. Perfect the pretrial examines procedure. The special criminal investigate mechanism in the court should established. Appoint the pretrial-judge to caries on the substantive investigation,and the hearing judge should not participate in the substantive examination.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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