The Pretrial Conference Proceedings

The new “Criminal Procedure Law of the People’s Republic of China”set uppre-trial conference in the pre-trial preparation procedures, the pre-trial conferencehas great significance as a connection for investigation and prosecution and trial.Criminal Pretrial Conference can change the case of public prosecution “step toappear in court” phenomenon, improve the efficiency of the trial, to centralized trialand speedy trial and will help protect the fairness of the trial. But China’s current legalregulation is still relatively primitive, a lot of problems there is have not clear, thepretrial conference proceedings still facing many difficulties in theimplementation.Therefore, this paper mainly through the theoretical research andlegislative research for criminal pre-trial conference, summed up the current problems.by comparing the extraterritorial related programs, draw inspiration to our country,and help to further refinement and improvement of the program, which can give fullplay its due effect.The article is divided into four parts. The first part analysis of the concept ofpre-trial conference, by comparing the different definitions of domestic and foreignscholars, I defined the pretrial conference proceedings is the court pursuant to theapplication of both the prosecution and the defense, get them together to communicateand reach consensus though consultation, solve procedural matters before the court,the program is to prepare for smooth and efficient hearing in the court. In order tofurther understand this concept, the writer do some comparative analysis between the pretrial conference proceeding and the related procedures,such as evidence discovery,court investigation and other pre-trial proceedings. Introduce the necessity of theestablishment of China’s pre-trial conference program, the problems of pre-trialpreparation procedures before that amending the law, and the establishment of thesignificance of the pre-trial conference program.The second part mainly studies the legislative present situation of ur country, tosort out and summarize from the subject, content, scope, procedures and other aspectsof the current relevant laws and regulations of the provisions of the pretrialconference. And explains the confusion in the implementation of the existinglegislative framework under the Criminal Pretrial Conference and the presence ofsome of the specific problems, analyze the causes or may cause adverseconsequences.The third part is the comparative study of the related system in foreign countries.By comparisons of the adversary mode and inquisitorial mode, to get inspiration ofhow to improve our pretrial conference. These two kinds of mode have their pros andcons, are worth our using for reference and study. But copying the extra-territorialmodel is not going to work in our country, we should be read in conjunction with thespecific national conditions, weaknesses, reasonable draw on extra-territorial programbenefits.The fourth part cent two kinds of path to improve the pretrial conferenceproceedings, one is limited by the existing legislation framework, belongs to thetransitional recent improvement; Another is to build a division of the pretrialconference ought to be forward. Though gradual reform steps, make our pretrialconference proceedings gradually develop to improve the efficiency of the trial court,eliminate the judge prognosis, implement case triage, illegal evidence exclusion andfinishing case issues.