Judicial Review in Criminal Proceedings:Taking the Judicial Review of Compulsory Measures in Criminal Investigation as an Example
【Abstract】Criminal procedure includes pre-trial procedures, trial procedures and execution procedures. Pretrial procedures can be further divided into criminal investigation procedures and criminal prosecution procedures. Judicial review in criminal proceedings mainly refers to the pre-review of criminal investigation measures by judicial organs. The development of the legislation and practice of judicial review in criminal proceedings in China reflects the development of rule of law in the field of criminal procedure and embodies the level of general development of rule of law in the country. The Chinese Criminal Procedural Law was first adopted in 1996. Although, after the two major revisions in 1996 and 2012, there have been great improvements in various systems and procedures provided for in the Law, little changes have been made to the system of judicial review in criminal proceedings. To further improve the systems of judicial review of investigation measures in the criminal proceedings, China not only needs to strengthen the judicial review of compulsory measures against personal freedom, but also needs to intensify the judical review of compulsory measures against property, such as seal up, seizure, and freezing of property, in the criminal proceedings.
【Key words】Criminal; Procedure; Judicial Review; Detention; Seal Up and Seizure