2009Unpublished venueRequires access

On Reform and Perfection of Criminal Pretrial Procedure in China

Yunling Zhang

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Abstract

Pretrial procedures undertake the important functions of preparations for the trial court.The revised Criminal Procedure Law in 1996 added new elements to pretrial procedure.However,with deepening of judicial practice,disadvantages in pretrial procedures itself have increasingly emerged.From the aspects of reform in pretrial criminal procedure,the author analyses the shortcomings and proposes the introduction of pretrial judge system for the establishment and improvement of pre-trial procedures in China,so as to achieve the values such as the maintenance of fair and transparent procedures,protecting the human rights of criminal suspects and the division and restriction of power.

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Pretrial procedures undertake the important functions of preparations for the trial court.The revised Criminal Procedure Law in 1996 added new elements to pretrial procedure.However,with deepening of judicial practice,disadvantages in pretrial procedures itself have increasingly emerged.From the aspects of reform in pretrial criminal procedure,the author analyses the shortcomings and proposes the introduction of pretrial judge system for the establishment and improvement of pre-trial procedures in China,so as to achieve the values such as the maintenance of fair and transparent procedures,protecting the human rights of criminal suspects and the division and restriction of power.

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Available abstract

Pretrial procedures undertake the important functions of preparations for the trial court.The revised Criminal Procedure Law in 1996 added new elements to pretrial procedure.However,with deepening of judicial practice,disadvantages in pretrial procedures itself have increasingly emerged.From the aspects of reform in pretrial criminal procedure,the author analyses the shortcomings and proposes the introduction of pretrial judge system for the establishment and improvement of pre-trial procedures in China,so as to achieve the values such as the maintenance of fair and transparent procedures,protecting the human rights of criminal suspects and the division and restriction of power.

Key concepts: Perfection, Criminal procedure, Law, China, Political science, Power (physics), Philosophy, Epistemology

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