Reform and Prospects of Criminal Pre-Trial Procedures

Author: Pan Chongyi, Editor-in-Chief
Publisher:
Publishing Date: 2005-03-01
Features: The criminal pre-trial procedure holds a very important position in the entire criminal trial process. It is the foundation and prerequisite for the entire criminal trial process. This stage is related to the realization and quality and effectiveness of the prosecution function, and it directly involves the two major fundamental issues of punishing crimes and protecting human rights. Especially in the pre-trial procedure, activities such as detention, arrest, search, seizure, interrogation, and prosecution are all closely related to the safety of society and the life and property safety of the people. Therefore, China's criminal pre-trial procedure is not only placed in a very important position in theory but also in legislation. However, there are still many problems in both theoretical research and judicial practice regarding the criminal pre-trial procedure, especially in the program design, which has administrative issues. The process of litigation has not yet fully taken the path of "due process." Therefore, how to further improve the criminal pre-trial procedure, how to provide a guarantee mechanism for the criminal pre-trial procedure to form correct substantive determinations, and how to further strengthen human rights protection in the pre-trial procedure are all urgent issues that China's criminal trial procedure needs to address at present. To promote the reform and improvement of China's criminal pre-trial procedure, the Research Center for Litigation Law at China University of Political Science and Law, with the support of the United Nations Development Programme, launched the "Demonstration Project for Reform of the Criminal Pre-trial Procedure" in 2002. During this project, empirical research was conducted on topics such as the participation of lawyers in interrogations and the recording and filming of interrogations. At the same time, the "International Symposium on the Reform of the Criminal Pre-trial Procedure" was held, inviting domestic and international experts on criminal trial procedure law to jointly discuss the difficulties faced by the criminal pre-trial procedure and its institutionalized solutions, which is also an important part of the project. The relationship between the police and the prosecutor's office has always been an important content of the criminal pre-trial procedure. Without exception, this topic is also an important part of this symposium. The representatives discussed the relationship between investigative agencies and prosecutorial agencies.