The Reconstruction Of Chinese Preliminary Hearing System

China is in the midst of an important historical process of reform of the judicial system.In the current legal system of criminal procedure in China,whether it is an existing preliminary hearing system or other preliminary hearing system,has been seriously delayed,unable to adapt to the development of judicial system reform in this new period and to meet the important mission of crime control and human rights protection.It is imperative to reconstruct Chinese preliminary hearing system and to establish a set of preliminary hearing systems that are independent,well-positioned,complete,fully functional,and practical.The first chapter makes a comparative study of the concept of "preliminary hearing".Through combing and summarizing the concept of the term "preliminary hearing" in the legal context of each country's legal system of the two major legal systems,two definitions of "preliminary hearing" are drawn.Narrow preliminary hearing means that the pre-trial judge examines the prosecution of criminal cases and determines whether the case is delivered to a formal trial,it is a strict "pre-trial"procedure.The broad preliminary hearing means that the pre-trial judge conducts control and examination of criminal case investigation activities and prosecution.Identify as much as possible the facts of the case and decide whether to deliver the formal trial system.The first chapter takes the preliminary hearing system of typical countries of the civil law system such as France,Germany,Italy,and Japan and typical countries of the common law system such as the United Kingdom and the United States as the research sample.Recalling the historical development of the preliminary hearing system in these countries,we explored the ideas and concepts behind the rule of law and examined the current status and development trend of preliminary hearing,and researched on the status quo and development trends of preliminary hearing systems in these countries.The second chapter studies the basic theory of the preliminary hearing system,defined the preliminary hearing and summarizes the system function of the preliminary hearing system on the basis of the first chapter,including examination and prosecution and prevention of criminal abuse;controlling and supervising investigative activities;evidence review;improving judicial efficiency.Refining and summarizing the ideas and concepts behind the rule of law embodied in these functions,as the important theoretical basis and reference factor for the reconstruction of preliminary hearing system in China.The third chapter reviews the development process of the pretrial system under the legal context of Chinese criminal lawsuit since 1949.The development of Chinese preliminary hearing system is unfortunate.Grasping the evolution of Chinese preliminary hearing system,we can better understand the causes of the current status of it.Grasping the legal system and the practice environment of our country's criminal lawsuit helps to establish the preliminary hearing system that can meets the needs of Chinese criminal justice system development.The fourth chapter focuses on restructuring Chinese preliminary hearing system.Establish a preliminary hearing system which is based on considering the current concept of the rule of law,the level of legal knowledge,and the judicial participation habits of the citizens,and considering the current practice of the criminal litigation system,the daily working mechanism of public security organs,the level of law enforcement and judicial officers and material resources,and the behavior of law enforcement and judicial personnel.