Pretrial Procedure, Criminal Procedure

The preliminary hearing procedure is a particular system of criminal procedure, and plays a significant role to connect the prosecution and the trail. By the preliminary hearing procedure, unsuitable litigation will be excluded. It's beneficial to save limited juridic resource and protect defendants. The research on the preliminary hearing procedure is very important for us to reconfigure and optimize the model of the prosecuting and trial. The preliminary hearing procedure bears particular meaning to realized impartiality and efficiency in criminal procedure. How can we reform and perfect the preliminary hearing procedure is a crucial task for criminal procedure law study. The advanced experience of overseas nations on the preliminary hearing procedure is instructive for our researching. Considering that, the article has introduced the preliminary hearing procedure in several countries such as Germany, France, England, America, Italy, Japan. It also remarked the preliminary hearing procedure of these nations. Base on that, the article has systematically analyzed the preliminary hearing procedure from nomological view. In this part, the article expounded the inevitability, ideas, functions, principles of the preliminary hearing procedure. To reform and perfect the preliminary hearing procedure of our homeland, the third chapter of the thesis has expatiated on historical evolution of this procedure in our nation. It's included the inchoation, establishment and development of the preliminary hearing procedure. This article also analyzed the characteristic, advantages and disadvantages about the preliminary hearing procedure in 1979 and 1996. This section also plays an important role to make preparations to regenerate the preliminary hearing procedure in our nation. In last chapter, the thesis explained the realistic conditions for reconstruct the preliminary hearing procedure. It's a turning point for rebuilding the preliminary hearing procedure. By realistically analyzed the conditions of reforming the preliminary hearing procedure in our nation, the thesis gave the specific suggestions to reform and perfect this procedure.