A Study On The Implementation Of The Pre - Court Conference System In F City

Criminal pre-tribunal meeting is a system that works as a bridge connecting criminal pre-trial procedures and actual trial stage as well as a symbol representing improved human rights, social justice and equality and other modern civilization. The system of criminal pre-tribunal meeting has been established since the Criminal Procedure Law of the People’s Republic of China was amended in 2012. It is undoubtedly a breakthrough in Chinese legislation for it has changed the immediate transition from the accusation to the trial. However, the System was not fully stipulated but only briefly described in the 2012 Criminal Procedure Law and hence has caused many problems in the judicial application. This study has investigated and collected detailed data on the application of the System in F city. Based on the analyses of the data, the study has found out the problems existed in the application of the System, discussed the causes of the problems and recommended some ways to adapt the System in F city’s courts. The study is divided into the parts of introduction, main body(20,000 words or so) consisting of four chapters and summary.Chapter 1:An overview of the system of criminal pre-tribunal meeting. This chapter illustrated the concept, function and principles of the criminal pre-tribunal meeting. The meeting, convened by the judges as request or according to their own authority, is a preparatory process for the party of accusation and the party of defense to communicate about some necessary issues related to the formal trial.Chapter 2:The application of the system of criminal pre-tribunal meeting in F city. This chapter described the basic application of the System and analyzed some features of the System in practice such as low application rate, casual and various time for its commencement and so on.Chapter 3:The problems and causes of the application of the system of criminal pre-tribunal meeting in F city. Firstly, the application rate of the System is low. Secondly, The conduct procedures of the System are unclear. Thirdly, the outcome of the criminal pre-tribunal meeting in F city is unpredictable. Fourthly, the content of the meeting are not specified in the Criminal Procedure Law. And fifthly, there is a lack of surveillance in the application of the System.Chapter 4:Recommendations on improving the application of the system of criminal pre-tribunal meeting in F city. Recommendation 1:to clarify the application situations of the meeting and improve its application rate. Recommendation 2:to work out completed and detailed application rules of the System in F city. Recommendation 3:to clarify in the Criminal Procedure Law what effect the meeting will produce. Recommendation 4:to standardize issues that can/should be resolved in the meeting. Recommendation 5:to strengthen the surveillance system of the meeting in F city. Recommendation 6:to help the law practitioners in F city freshen their professional values and concept and innovate their judicial practice.