Study On The Examination Procedure In Public Prosecution Case

This thesis is composed of three parts:introduction,text and conclusion,and the text is divided into four parts.the number of the thesis is about thirty thousand words.The introduction part mainly introduced the legislation background and significance of the topic,using the research method of comparative analysis,inductive analysis and so on,six countries on the representative features from the view of comparative law perspective,including the United States,Britain,Germany,France,Italy and Japan are introduced,on the basis of it,I try to put forward specific measures of improvement.The first part mainly described the definition and basic function of the procedure in public prosecution review.I think that the review prosecution procedure is a filtering shunt function of the pretrial review procedure,through the court’s vetting procedure to control the right of public prosecution organ,preventing the undue prosecution and the protection of human rights.The basic function of the review prosecution procedure are:trial preparation function,procedure diversion function,the four aspects of the review indictment function and the protection of human rights function.The second part of the text described the review prosecution procedure of Anglo-American law system,the civil law system and the mixed system.the countries of Anglo-American law system including Britain and the United States,the civil law countries including France and Germany,and the mixed system including Japan and Italy.After the introduction of the related system of the six countries,the text summarized two aspects of the review prosecution procedure of them.The third part focuses on the characteristics of our country’s prosecution review procedure and the shortcomings and problems.This paper argues that our country’s procedure of public prosecution review mainly exits the following four characteristics:first,transfer all of the dossier as the premise;second,limited procedures system;third,the function of the review prosecution procedure is simple;fourth,high rate of hold a hearing.Based on the detailed characteristics of the review prosecution procedure of our country,the test analyzes the issues of our country’s procedure of public prosecution review:first,weak restriction on the right of public prosecution;second,the judge is prone to pre-trial prejudge;third,inadequate procedures involved in both defense and prosecution;fourth,the simple review content.The fourth part focuses on how to improve the review prosecution procedures in our country,and build a fairer and more reasonable pretrial procedure.with the above content is described in the review prosecution procedure of our country,I put forward four suggestions:first,achieving the substantial review prosecution procedure to restrict the power of public prosecution;second,the public prosecution reviewing judges and trial phase separation system,is conducive to the elimination of the trial judge prognosis;third,realizing the prosecution review in the process of litigation,contribute to the achievement of equality between prosecution and defense;fourth,the procedure of public prosecution review content enlargement is conducive to the realization of a more comprehensive review.The text makes a summary in the end of the text,I think that to improve prosecution review procedures of our country,we should be fully aware of the characteristics and defects of our country,combining foreign related system,for the reference and transplant to each other,and constructing the public prosecution examination which according with our country’s characteristic,to ensure the tasks and objectives of the legitimacy of public prosecution and the protection of human rights.