A Comparative Study of the Criminal Pretrial Procedure——Also on the Reconstruction of Chinese Criminal Pretrial Procedure

In the reform of China's criminal justice system,there exist five problems to be solved about criminal pretrial procedures: a simple procedural review of the case is disadvantageous to the concentration of the trial and to the improvement of litigation efficiency;unpreparation makes it impossible for the court judge to concentrate on hearing a case;predetermination cannot be ruled out in the pre-trial review process;the defence's right to know first cannot be guaranteed with China's current pre-trial review process;there is an absence of constraints on the right of public prosecution;there is no proper allocation between the right of trial and prosecution.In the reconstruction of our country's criminal pre-trial review procedures,we can draw reference from the current German pre-trial substantive review mode to change the extension of file court into the form of review court.As a result,there will be four functions for our country's pre-trial procedure: judicial review,filtering,streaming,and pre-trial preparations.In this way,the value of fairness and efficiency can be reflected.