Defects And Perfection Of Criminal Pre - Trial Meeting

Before the criminal court meeting as a major highlight of the amendment of the criminal procedure law of our country in 2012, has received hundreds of millions of people’s attention.However, due to the new Criminal Court of appeal before the meeting as a new system, specific provisions is still not perfect, through the practice of recent years, the criminal pretrial proceedings of some defects arise out, many scholars were studied. Of the boot body, presided over the subject, in the main, scope of application, content of the conference meeting effectiveness and supervision mechanism are put forward some suggestions for improvement.In this paper, the author in order to avoid extensive and fine, wide and not fine, chose the author think that the most important but relatively weak research scholars about three aspects of the problem to study, respectively:1, pretrial meeting launched a subject and its corresponding rights fuzzy; 2, the illegal evidence exclusion is a mere formality; 3, law of criminal pretrial conference uncertain validity.The in the system compared with foreign advanced national legislation, looking into the development of perfect our country criminal pretrial conference of the foreign experience. And on this basis, combined with China’s own national conditions proposed consummates our country pretrial meeting system some development suggestions.This paper consists of four chapters:the first chapter analyzes the basic theory of criminal pretrial conference.In the instructions based on a variety of foreign criminal pretrial conference defined, the defining the concept, the criminal court before the session is referred to in criminal proceedings, the court decided to formal hearing cases, in the first hearing before, collegiate court ex officio or application called set presided over the public prosecutor, defender, agent ad litem. The party scene, to avoid, name list of witnesses to appear in court, exclusion of illegal evidence and trial related issues, to understand the situation, listen to the views of the program. At the same time, the preliminary hearing procedure review prosecution procedure and trial procedure before and criminal pretrial meeting carries on the contrast analysis, can appear before the meeting and the confusing and the distinction between program, the concept of in-depth understanding of the criminal pretrial conference has an important role.On the other hand, the author makes a detailed introduction about the value and function of the criminal pretrial conference, and then analyzes the legislative defects and fundamental defects, and puts forward the theoretical foundation of the system.The second chapter mainly studies the status of legislation of our country. Pretrial conference system just in China established in the near future, many places needs to be further improved, this paper from the level of legislative defects and fundamental flaws, the author focuses on the problems of today is more prominent but researchers have relatively less several defects:start subject, illegal evidence exclusion problem, the legal effect and summarize the fundamental flaws in the system and the position is fuzzy.In the third chapter, the extraterritorial comparative study. This chapter is mainly about the three modes of pretrial preparation procedure of setting, trying to through the comparison of foreign related procedures, to that of perfect, some revelations for our country pretrial conference proceedings perfect or reference. Through the comparison, different modes of the pretrial preparation procedure is according to their own specific national conditions, rooted in their unique culture under the procedures, completely follow the example of the extraterritorial models that simply doesn’t work, we should combined with Chinese cultural soil, enhances strong points and avoid weaknesses, the extraterritorial procedure draws on trade-offs.The fourth part is divided into two paths to perfect the pretrial conference program. First of all from the deep analysis of perfect pretrial conference system, then proposes suggestions from the focus of several specific systems, from the inside to the outside of proposed system proposals for reconstruction.