| Pretrial meeting is defined as preparation meeting convened in criminal courtbefore the trial. Chinese Criminal Procedure Law added the pretrial meeting systemwhen revised. Thus, the criminal pretrial meeting system with Chinese characteristicshas formed its embryonic form. Pretrial meeting should be positioned as independentand negotiable preparing procedure between prosecute examining and trial. Thepretrial meeting system has its particular functional anticipation: preparing for trial;filtrating law case;resolving conflicts,etc. Procedure justice, lawsuit efficiency andlitigious rights can be guaranteed only if function developed fully based on legislativeintent. However, Chinese pretrial meeting system is established on the legislative andjudicial experience of other countries for reference and has many legislative andjudicial problems. Now, the author is exploring the method for resolving the pretrialproblems through studying overseas pretrial preparation procedure and review. Finally,the blue print has been find. Before making Chinese criminal pretrial meeting systemperfect, lawmaker and law officer should set up the modern judicial idea and take intoaccount fairness and efficiency, pay more attention to mediation and consultation,resolve contradictions at earlier stage. Specifically, for the level of lawmaking, theauthor suggests establishment of institutional lead of judge and support of judgeassistant, to make sure the participation rights of defendants, restrict the choice ofprocedure. For the level of application of law, the author believes that standard shouldbe made and cooperation should be enhanced between law court and prosecutors.Meanwhile, more substantial rights should be given to resolve the lawsuit case toadvance the lawsuit productivity. Finally, the author believes that judge assistantshould be given more authority and procuratorial supervision should be strengthenedto ensure the pretrial system achieved the procedural value. |
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