A Study On The Way Of Criminal Procecution

Justice and efficiency are two themes of the criminal procedure design pursuit.That is also a common pursuit of the value orientation of modern countries under the rule of law. Justice is the human eternal value targets, including entity justice and procedural justice, procedural justice is the guarantee of realization of entity justice, criminal prosecution way is an important procedure in criminal action, Whether the program design science is directly related to the fairness and rationality of criminal procedure. However, On the choice of the ways of criminal prosecution, we from the original copy of file transfer1979years to1996, to2012regression of file transfer, this symbolized our country the reform of the system of case is transferred for failed in1996. our country criminal prosecution way back in1979, for the whole volume transferred back, is in line with the criminal procedure law? Full volume transferred to fatal flaw problem such as the judge prognosis, the trial become a mere formality and how should we solve? The reason why we have to come from deeper analysis, to seek countermeasures.As a whole, the way of criminal prosecution and legal culture, people’s consciousness, judicial environment, litigation mode, factors such as lawsuit idea has the close relation. Before we choose lawsuit manner, we must make clear our country law culture, people’s consciousness, judicial environment, lawsuit pattern, what on earth is lawsuit idea? In western countries have the advantages that the way of criminal prosecution in our country will be able to apply? Same effect as they will produce? On the research and discussion, the author thinks that the reform of public prosecution way the file is not going to be accomplished, our country’s legislation constantly adjust, improvement of litigation system, and constantly update the lawsuit idea. We believe that with the deepening of the judicial reform, will become increasingly reasonable and perfect our country criminal prosecution way, gradually realize the ideal mode of criminal prosecution way.In this paper, the text is divided into five parts:The first part:Theory to define the way of criminal prosecution, the paper expounds from three aspects, first, the concept of criminal prosecution way has carried on the simple introduction, and then this paper introduces the types of criminal prosecution way, finally analyzed the theory of criminal prosecution way, mainly from the criminal prosecution pattern and criminal lawsuit idea two Angle analysis.The second part:Criminal prosecution law function analysis, the way in which this part analyses the way of public prosecution in criminal procedure have played an important role which, through the analysis, has the function of human rights protection, the efficiency of lawsuit of public prosecution way, procedural justice and other core functions.The third part:Extraterritorial criminal prosecution way of comparison, I pass to Japan, the United States, Britain, Germany, France and other countries a comparative study of criminal prosecution way, they are analyzed in how is stipulated in the criminal prosecution way, as well as some problems existing in the criminal prosecution way, they are by how to make up for the matching system. In this part I also analyzed the whole volume license transfer and the advantages and disadvantages of a copy of the bill of complaint.The fourth part:The evolution of our country criminal prosecution way and problem analysis, this part I first to our country criminal prosecution way vein combing, repeatedly to analyze why appear this kind of legislation and analyzes its reason, finally focuses on analyzing the problems existing in the current criminal prosecution way in our country.The fifth part:Our country criminal prosecution way rationalization basic idea, in this part I for the current problems in the criminal procedure law in our country, put forward its own reform and improve the opinions, put forward "the books and the defence, parallel transfer", and suggests to innovate public prosecution review procedures. Finally put forward the relevant supporting system improvement and development.