The Rationality of The Constrution of Interlocutory Proceedings in Criminal Procedure of China

The power of public prosecution in nature is the the right to claim a litigation, which has the gualities of the public power and litigation and requires that, on one hand, according to the principle of public benefits, the extent of the non-prosecution discretionary power should be expanded in order to perform the function of non-punblishment; on the other hand, in order to prevent from abusing, the power of public prosecution should be reviewed by jurisdiction so as to protect civil rights. Owing to the drawbacks of the mechanism of the public prosecution reviewed by jurisdiction in China, many values are not realized. As a result, wholly reconsturcting the crimial pretrial proceedings and setting up the interlocutory proceedings which fully realize its values are essential to achieve the scintific rationality of the crimial procedure of China.