중국 형사절차상 예심제도와 그 시사점에 관한 연구

Abstract

China’s preliminary trial system is in the pre-prosecution phase of criminal proceedings. It can be said that the People’s Public Security is in the phase of making final checks on the incident before sending it to the People’s procuratorate. The Chinese criminal procedure law specifies the right of People’s Public Security to hold preliminary trial. Most countries with a preliminary trial system conduct preliminary hearings at the trial stage, while People’s Public Security of China is in charge of investigation stage. Despite some regional differences, People's Public Security is internally divided into investigation departments and preliminary departments. The investigation department plays the role of investigation, gathering evidence, and arresting suspects, and the preliminary investigation department inspects the evidence collected by the investigation department to determine if the facts of the crime are confirmed, and examines the case as being done by the prosecutor. In sum, under the Chinese criminal procedure law, the preliminary trial system is a post-control element within People’s Public Security. The consensus has recently been that the nation's public opinion must distribute too much concentrated power to the prosecution. Police abolish direct investigation functions of the prosecution with power to indict, separate investigation from prosecution so that it can hold the prosecution responsible, and abolish the prosecution’s right to command of the investigation. However, the police’s adjustment is feared to bring about the non-controlling of the police force. In view of the possibility of establishing an independent verification body inside the police force to tighten control over the investigation, the Chinese criminal trial system could provide a hint to our country.