A Study On The Construction Of Pre - Court Conference System In China

In recent years,the Process and development of civil justice reformation isincreasing people’s attention, where as a civil trial reformation is attracting the focusof the research of many scholars. Before the20th century90ages, the country takesmore and more attention on the pre-trial procedures instead of the exploration ofpretrial conference. In order to accurately grasp the meaning of the pre-trialconference system, This paper uses the conceptual analysis methods to analyze therelationship between the pre-trial conference system and related systems. Throughcomparative analyzing and document analysis researching the related content ofpre-trial conference system of other countries, Combining with the empiricalanalyzing method to discusses the pilot of pre-trial conference system of our country,we verify the necessity and feasibility of the reconstruction of Chinese pre-trialconference. This paper has contributed to the academic research and legislation ofreconstruction of Chinese pre-trial conference by the above research. The test includesThree part.The fist chapter introduces the pre-trial conference,basic signification,historicalevolution and value，function. Through the overview to make people have furtherunderstanding of the pre-trial conference, we have certain expectations to build thesystem in our country.The second part mainly compares the same and different pre-trial conference intwo law system, Any setting up a system should have conditions and basis of itsexistence. The test through analyzing their respective advantages and disadvantages ofthe Anglo American laws and Continental laws, combining with China’s specificnational conditions,.analyzes the applicability and inapplicability of thereconstruction of Chinese pre-trial conference. Through such comparison, let peopleclearly realize that the system be set in the civil procedure law in our country isfeasible due to having its existing condition, environment on the basis of the actualsituation in our country. The tree chapter discusses the concrete course of conceiving pretrial conferencein China. First of all, the test analyzes the reconstruction of Chinese pre-trialconference in the macro, mainly including the necessity and feasibility and theprinciples to be followed to grasp. Then the test discusses the reconstruction ofChinese pretrial conference, mainly including the principle of the followingreconstruction, the applicable range of pretrial conference, the applicable range ofpeople, the manner and times of the pretrial conference，consequence，work. Finally，To make the pretrial conference system more effective, the chapter discusses thedefense right system, Time limit proof system, judge’s power of interpretation, theprosecutorial supervision. And then, They cooperate with each other, the interaction ofthe pretrial proceedings, thus forming a more perfect pre-trial proceedings.