The Research Of Perfect Criminal Pretrial Conference System

Criminal Pretrial conference system is one of the new system established by the new Criminal Procedure Law, is the core of the system of pre-trial preparation process. The system has aroused widespread concern theory and practice; many scholars have published research on the system.In general, criminal pretrial conference system originated in American Civil pre-trial conference. According to "American Law Dictionary", Criminal Pretrial conference was convened by the judge to promote a fair trial and litigation efficiency to resolve the dispute, and the proceedings of the case, evidence entry, point of contention identified for program processing Before trial. In practice, criminal pretrial conference system can achieve diversion program, information exchange, finishing point of contention and evidence access. Establishing criminal pretrial conference system is meaningful to improve; criminal efficiency and promote the essence of the trial.Because criminal pretrial conference system is a new system, so inevitably there will be some imperfections in the legislative and judicial levels. From the legislative point of view, law stipulates that are too simple principle applies not conducive to justice; the content which not clear will result in the application confusion; the lack of legal effect will limiting the play of Criminal Pretrial conference system’s function; The judges presided over criminal pretrial conference is not conducive to a fair trial; illegally obtained evidence can not be excluded in Criminal Pretrial Conference is contrary to the principle of action. From a legal practice seen, judicial application is different in different regions; the defendant and counsel law agent’s enthusiasm is not high to participate in pre-trial conference; in practice, shorten the time trial gives rise to suspicion of decides before trail.In comparison, the U.S. pre-trial conference established since1938, after70years of development is already quite mature and complete; and made a great contribution to alleviate pressure on the U.S. Justice. American pretrial conference complete legislation, judicial science reasonable has important significance to improve the criminal pretrial conference system in China. Specifically, America pretrial conferences give us some enlightenment:First, give the pretrial conference procedure to determine the effectiveness is the protection for a court quickly ends. Second, substantially contributes to the pretrial conference entrusts with judge pre-trial ruling power. Third, the pretrial conference to promote reconciliation in cases of content is good for our country’s criminal pretrial conference reference for solving civil mediation in criminal incidental civil. Fourth, the pretrial conference should ensure the justness of procedure. Fifth, the pretrial conference aims to promote judicial justice and improve judicial efficiency. Sixth, improve the matching system is an important guarantee of the pretrial conference function.Enrich and complete pretrial procedure is the trend of the world. The criminal pretrial conference system is the core of our country’s criminal pretrial procedure, But the legislation is not perfect has brought many problems to the judicial application and the lack of effect limits the criminal pretrial conference system function. Therefore, the following should perfect the criminal pretrial conference system:First, clear the mode of criminal pretrial conference system. The system model is a positioning system, is the external manifestation system. Combined with the international practice and the actual situation in our country, Chinese criminal pretrial conference should adopt the mode of judicial review and consultative conference mode combination. Second, exclude the judge pre-trial prejudges, separation the trial judge and the criminal pretrial conference presided over by panels of a person or of judges assistant court as the hosts more appropriate. Third, the processing scope of pretrial conference of clear defined to solve procedure disputes, Review the evidence at trial entry, sorting out and processing the application. Fourth, determine the criminal pretrial conference legal effect, giving judges before the court ruling power. Fifth, entrusts with the litigant relief power. In addition, to improve the supporting system is an important guarantee function of criminal pretrial conference system. On the perfection of criminal pretrial conference system it should also perfect the relevant supporting systems, such as the discovery of evidence, evidence preservation, illegal evidence exclusion and date of consultation system. Only the maximum degree of common complete to the criminal pretrial conference system and the supporting system can improve the efficiency of the proceedings, the trial quickly essence of role.