两类起诉阶段司法审查制度的比较及借鉴-诉讼法学专业论文.docxVIP

ABSTRACI’The ABSTRACI’ The process ofa criminal suit entails mainly three parts：charge,the defense and the referee,which form the main body on the three lawsuits stages：the criminal prosecution detection，the prosecution,and places on trial．In the OVerseas Law of Criminal Procedure,it is conlmon to establish a judicial examination system before the sue case，and a neutral judge，together with the lawyer representing the criminal to investigate into the criminal’S ease．In this way,the power of both sides will be balanced．What’s more)in this procoss，the integral lawsuit structure made of charge， the defense and the referee comes into being．There’s much in common of the prosecution stage judicial examination system in England，US，France,and Italy, which involves control or the surveillance ofjurisdiction OVer the male right of suit． But simultaneously because ofthe different lawsuit pattem，it demonstrates two kinds of prosecution stage judicial examination system．In the mainland legal system，its authority principle lawsuit pattern causes the prosecution stage judicial examination system to demonstrate the characteristic ofquestion，secret，as well as prejudges in the judicial examination process of the case．While in the British and American legal system，its litigant principle lawsuit paRem results in its transparency,the antagonism as well as remove in thejudicial examination process ofthe prosecution stagejudicial examination system．Through the analysis of the prosecution stage system in our country,our country examination prosecution procedure basically according to the administrative way movement,lacks the basic lawsuit characteristic,lacks the referee side in the criminal prosecution structure main body question,the prosecution stage has lacked the debating bilateral judicial judge．Therefore,to sarisfy the basis criminal prosecution theory,our country needs to input the neutral judicial system independent of the bilateral judicial organ at criminal prosecution stage．To p