Criminal Pretrial System

The thesis is divided into four Parts:Part I The design and comment of Examining way Before Hearing in wesrern countries.This part makes an introduction or the design of Examining Procedure Before Hearing in such countries as America,Britain,Germany, France and Italy. Trough comparison and analysis, their common points are found.Part 11 The defect and problems exsiting in China's Examining Procedure Before Hearing.This part makes a derailed analysis of Examinging Procedure Before Hearing in China's Criminal Procedure (1996). On this basis, it sets forth the following defects in China's Examing Procedure Before Hearing: a) It is difficult to avoid improper accusation; b) It is certain to draw conclusion inadvance; c) The indi-cree cannot participate.Part ni The reconstruction of China's Examining System Before Hearing.According to the first two part, we should reconstructour Examining System Before Hearing. The way is to learn from Britain and America, and to establish an examihing-justice system. It also expounds the value of pritrial system and the basic pattern of examining-justic system. Finally, it detailedly explains the duty of examining justice, the starting and enfering way of inquisitional procedure, and the main content of the inquisition.Part IV Guarantee of examining-justice System This part maps out a design in china's examining-jus t ice system. To establish such a system, the following problems must be solved: a)prosecuting attorney should be the party concerned; b)The evidence-showing system should be established; c)Inegal evidences should be excluded; d)The attorney's right should be ensured.