Font Size: a A A

A Study On The Application Of Pre - Trial Conference System

Posted on:2016-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:X M MengFull Text:PDF
Abstract/Summary:PDF Full Text Request
National People’s Congress modifies the old "Criminal Procedure Law" in the second revision on March 14, 2012. The modification changes large,and the Pretrial conference system first appeared in "Criminal Procedure Law". This system once appeared to win widespread praise, and it is a great progress in China’s "Criminal Procedure Law". Pretrial conference system has many advantages, especially to improve the efficiency of the proceedings and trial quality. It resolves some procedural issues, which may cause trial disruption, such as objection to jurisdiction, avoidance, whether or not a public hearing. This is conducive to the court of centralized trial, improves the efficiency of the trial, save litigation resources; the prosecution and the defense clear that if there is a dispute through evidence display. Making the focus of controversy and direction of the trial to be clear before the court session, what can give full play to the role of the trial. However, the Pretrial conference system is a new thing in our country, through the practice we found that the provisions of the law for this system is not perfect, and although "Supreme People’s Court on the application of" People’s Republic of China Criminal Procedure Law "explanation", "The people’s Procurator ate rules of criminal procedure(for Trial Implementation)" have specific provisions related, but this system is able to implement, there are many issues need to be explored, and many details need to be clearly legal, for example, the problem of scope of application, start mode, the substantial problem, the effectiveness and supervision of the problem and so on. Since the pretrial conference according to the law, judicial personnel also run this system. However, due to the imperfect system design, the system is difficult to follow the principle of legality. Mei Xiaoyang case, Liu Zhijun case, Han Zigeng case have exposed the deficiencies in the pretrial conference system at different levels and imperfect. This system in foreign is more advanced than ours, through the study the analysis of system in different action mode, learn from foreign experience, to provide reference for the perfection of pretrial conference system.
Keywords/Search Tags:pretrial preparation procedures, pretrial conference, illegal evidence exclusion
PDF Full Text Request
Related items