A Study On The Procedure Of Criminal Pre - Trial Meeting

The criminal pretrial conference program is a bridge between the public prosecution procedure and final trial procedures of the two, affects the public prosecution procedure process, influences the selection of judges in trial mode, development and the relationship between the whole criminal procedure. 1996 promulgated the "Criminal Procedure Law" for the pretrial conference program is just the simple rules, is not conducive to the implementation of specific in the judicial practice, and also draw further apart judicial idea international protection of human rights, improve the efficiency of the proceedings. The 2012 "Criminal Procedure Law" of pretrial conference program requirements compared to 1996 "Criminal Procedure Law" has a qualitative leap: it absorbs the western advanced pretrial meeting system of thought combined with the domestic judicial practice experience, reflects the fair, efficient principle. The Party Central Committee and the State Council "rule of law" and the establishment of the rule of law society thought under the call, the further improvement and innovation of the criminal pretrial meeting system for the efficient operation of guarantee for the whole trial, the process of judicial reform, has the important meaning and social long period of stability.The key witness is one of the important link of the criminal pretrial conference program link. The 2012 "Criminal Procedure Law" in this part of the request first ensure that the range of key witness, then ensure that the key witness to testify in court, finally also for the key witness to provide protection to testify. This is a key link of significance is facing today’s witnesses testifying generally to the situation, let the witness links in meeting before trial procedure, so that the smooth quality certification procedures, the final safeguard legitimate rights of the parties, to establish judicial authority and credibility.The 2012 "Criminal Procedure Law" in the 182 paragraph second: the trial judge can the illegal evidence elimination work and other related matters in the trial before the trial, the prosecution organ, called the defendant, the defenders, to seek the views of all parties. The supreme law "explain" 183 also mentioned that once the application of illegal evidence exclusion cases, courts should be called before the court session. The supreme law "interpretation" in Article 184 of the criminal pretrial conference also provides procedures to be performed in the exclusion of illegal evidence. From the legal provisions can be seen, the exclusionary rule of illegal evidence for criminal pretrial conference there as the engine for the role of the luxury sports car, the conference features more perfect, so as to lay the foundation of the trial fairness and efficiency, but also can protect the litigation rights of the parties.On this basis, this paper mainly studies the criminal pretrial conference program implementation in our country in the process of the problem, and then to the theory of law as the guidance, take the case as the breakthrough point, put forward to perfect the criminal pretrial conference proposal. It can facilitate the theoretical research and judicial practice of China’s criminal pretrial conference. Therefore, this thesis is divided into three parts:The first part, the author mainly from the Hu illegal gun case, Ma Moumou, Zou theft, robbery, Cao Wen Moumou certain dangerous driving case, drug trafficking case of Chen, based on a brief introduction of the case, pretrial conference and the judgment results, analysis of the five cases in the criminal pretrial conference approach to extract the five kinds of cases involving the common focus of controversy the criminal pretrial conference.The second part, the author will introduce the theoretical basis of the concept, the pretrial conference pretrial conference, and then describes the criminal pretrial conference proceedings in criminal legislation, and the above five classic case to start, to strive for the depth of the pretrial conference program point of controversy from the perspective of jurisprudence analysis.The third chapter through these cases reflected reflection problem of pretrial conference programs to analyze feasibility and necessity of proposal, and then put forward a sound suggestions on pretrial proceedings.