Research On Pretrial Preparation Procedure Of Criminal Trial

As a middle procedure to connect the criminal pre-trial proceedings and formal court proceedings, The pretrial preparation procedure of criminal trial is of great significance for protecting a criminal trial to proceed smoothly and improving lawsuit efficiency. At present, pretrial preparation procedure of criminal trial is carrying on the reform, and also has made certain degree progress, but still has many problems. This article plans to conducts the comparison research to this procedure, and reconsiders our country’s present system. Then propose suggestions to restructure our country’s pretrial preparation procedure of criminal trial, as a means to help the legislation and the practice.By Contrasting the domestic and foreign scholar’s different viewpoint through the research, pointed out explicitly that the pretrial preparation procedure of criminal trial refers to the stage between prosecution and trial in the criminal case, by special agency reviewing the case of public prosecution, and determine whether the prosecution of elements are legal, whether they have sufficient grounds for the case to the trial court, and other prepare activities. The content of pretrial procedure is mainly includes two aspect,one is public prosecution review, the other is pretrial preparation. The principle of the pretrial preparation procedure of criminal trial, is the basic guidelines it must be followed including:the principle of lawsuit economical; the principle of eliminating judge prejudges; the principle of procedure participation, equal resistance; the principle of protection of human rights and clearing dispute. Other, as a middle procedure, it is relating the filtration and diversion of case, evidence preparation,and so on.Its function mainly includes:Inhibiting the abuse of public prosecution, filtering improper prosecution, the diversion of case, the preservation of the evidence, the disclosure of the evidence,the elimination of illegal evidence,the reorganization of the evidence and the explicit points of contention.There are three kinds of representative pretrial preparation procedure of criminal trial pattern:the litigant leading pattern, the judges leading pattern and mixed type pattern. The stipulation of Britain, the US, France, Germany, and Japan are more perfect and also very representative, it also has great meanings to our country’s reform. The British and American litigant leading pattern attention procedure’s strongly antagonism, stress by equal confrontation between the parties getting the case real, litigants are leading the procedure, judges are in the neutral. The French and German judges leading pattern, stress by judge’s active get the case real, judges are leading the procedure. It can not eliminate judge prejudges and reflect the lawsuit fair well. The procedure establishment is relatively simple, so the lawsuit efficiency is high. Japan’s mixed type pattern abolished public prosecution review, it can eliminate judge prejudges and reflect the lawsuit fair well, because with no filtration, the trial court’s pressure is high, effectiveness of the proceedings is low.The old and new Code of Criminal Procedure both stipulate the pretrial preparation procedure of criminal trial. The modify of Code of Criminal Procedure is a big step forward in the reform process of the pretrial preparation procedure of criminal trial in our country, but still have some flaws. Mainly includes:it can not eliminate judge prejudges, the power between prosecution and defense is not balanced, the function of case filtering and diverging dose not show. So the pretrial preparation procedure of criminal trial must be reformed urgently.After the elaboration of the present situation and insufficiency, to improve the pretrial preparation procedure of criminal trial must insist safeguarding the trial carry on with centralism, promoting the criminal procedures smoothly and safeguarding the justice of the trial. Then propose some concrete imagines, mainly includes:perfect prosecutes review and the mechanism of the case diversion, set up "pretrial meeting "system, reform preparatory evidence system and other preparing.