On the Up-building of Criminal Pretrial Review System in China—Expectation under the Revision of the Criminal Procedure Law
Haiping Chen
Abstract
Haiping Chen
Abstract
The vacant of justice review in criminal pretrial procedure creates a great structure defect in criminal proceedings. During the reformation of criminal pretrial procedure, the up-building of criminal pretrial review system should be one of the basic directions. The review items should be confined to the relevant empowerment of forced measure and the review prosecution; Selects the people's court as the judge, and chooses the combination of the judicial empowerment in advance with the judicial succor afterwards in the justice review method; Tends to divide the concrete proceedings into judicial administration,judicial remedy and the indictment review. Furthermore, it is necessary to establish the exception rules.
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The vacant of justice review in criminal pretrial procedure creates a great structure defect in criminal proceedings. During the reformation of criminal pretrial procedure, the up-building of criminal pretrial review system should be one of the basic directions. The review items should be confined to the relevant empowerment of forced measure and the review prosecution; Selects the people's court as the judge, and chooses the combination of the judicial empowerment in advance with the judicial succor afterwards in the justice review method; Tends to divide the concrete proceedings into judicial administration,judicial remedy and the indictment review. Furthermore, it is necessary to establish the exception rules.
Key concepts: Indictment, Law, Criminal justice, Political science, Criminal procedure, Criminal law, China, Economic Justice