刑事预审程序的理论研究

文章对预审程序与公诉权的关系 ,预审程序的性质和功能及当代世界各国的预审模式等几个基本问题进行了分析 ,认为预审程序是对公诉权滥用的有效制约机制 ,它本身不是裁判权 ,而是一种司法审查权 ;起到了保障犯罪嫌疑人、被告人的基本人权和分流案件及提高诉讼效率的作用。研究预审程序有助于完善我国的诉讼机制 ,使刑事诉讼朝民主、经济的方向发展。

Theoretic Study on the Criminal Preliminary Examination

The process of preliminary examination is also called the process of examination before the court hearing, which is an important part in the process of criminal lawsuits. The essential purpose of its establishment is to prevent the groundless trail to the citizens and amputation to the continuity of the process of investigation and examination. The thesis analyzes some fundamentally theoretic problems such as the relation between the preliminary examination and the right of public prosecution, the character and function of the preliminary examination and the mode of preliminary examination in modern countries. The thesis thinks the preliminary examination is the effective restriction to the abuse of the right of public prosecution and it is a kind of judicial examination holding the function of protecting the basic human rights of the suspected and the defendant and improving the efficiency. The study of the preliminary examination will redound to the improvement of China's procedural system and push the criminal procedure to develop in a democratic and economical direction.