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A Study On The Pre - Trial Meeting System

Posted on:2016-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:S G WangFull Text:PDF
GTID:2206330461489782Subject:Law
Abstract/Summary:PDF Full Text Request
The system of the pretrial conference is one of very important content in the new Criminal procedure law. The application of the system in practice and further perfect is very important to the development of our country’s Criminal procedure law. Our country’s new Criminal procedure law and Judicial interpretation and The rules of the supreme people’s procuratorate have some content about the pretrial conference. These laws have provided a legal basis for the implementation of the pretrial conference. From Criminal procedure law revised in 2013, our country’s pretrial conference proceedings in the judicial practice have some significant results, but there are still many problems in the system. For example, the applicable rate of the pretrial conference is low, the law of the pretrial conference is too principle. Therefore, China should be on the basis of the actual situation of the pretrial conference, the experiences of other country’s pretrial conferences, as soon as possible to improve and construct the pretrial conference.This is directly related to the future development of the Criminal procedure law and the realization of procedural justice and substantive justice. This article discusses the system mainly from the following several aspects. First, the paper leads to the problems of the pretrial conference through the cases of Limoumou and Liumoumou. Second of all, the paper expounds the pretrial conference from the aspects of law and concept. Third, The article has some analysis of the concepts that are similar to the pretrial conference. Such as evidence before the court review procedures, preparation procedure and pretrial procedure.Fourth, the paper analyzes some functions of the system of the pretrial conference. Fifth, this paper discusses the system of the pretrial conference of some countries abroad. Sixth,the paper discusses the improvement of the system of the pretrial conference.On the one hand, the paper discusses the pretrial conference in the framework of the existing laws and regulations.For example, the scope of accepting cases, participants and legal effect. On the other hand, the paper discusses the pretrial conference from the future development of our country’s legality. Our country’s research of pretrial conference is based on the value of promoting our country’s the procedural justice and entity justice.The research is beneficial to improve the efficiency of the trial of criminal cases in China, to prevent litigation delay, ensure the smooth operation of the trial, constantly to improve the legal system of our country.
Keywords/Search Tags:The system of the pretrial conference, The pretrial conference proceedings, The efficiency of lawsuit
PDF Full Text Request
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