论文部分内容阅读
清末时期引入新式法制,于光绪三十二年(1906年)正式建立了检察制度。光绪三十二年(1906年)的《大理院审判编制法》确立了推事负责预审的诉讼制度,检察厅则有权提起、参与预审。由于审判官主管预审的制度存在先入为主的弊病,所以清廷欲通过《刑事诉讼律草案》对此进行改革,尽管该草案并未真正实施,但不能否认其设计的检察官预审制度有一定的历史进步性。
In the late Qing Dynasty introduced a new legal system, in the thirty-two years Guangxu (1906) formally established a procuratorial system. In the thirty-two years of Guangxu (1906), the Daliyuan Trial Compilation Law established the litigation system in which pretrial trials were promoted. The Public Prosecution Office had the right to initiate and participate in the preliminary examination. As the pre-trial system in which the magistrate was in charge had prejudice, the Qing court attempted to reform it through the “draft criminal procedure law.” Although the draft was not actually implemented, it can not be denied that the pre-trial system designed by prosecutors has a certain history Progressive.