Research On Criminal Pretrial Conference System

On March14,2012, the National People’s Congress passed on modifying the criminal procedure law of the People’s Republic of China, and determine the law implemented on January1,2013, with the amendment points amendment in1996, on the basis of points for the unprecedented changes, according to the points in the second article will safeguard human rights in general, the subsequent part of the right to defence on part of the part of the system have been made substantial changes, and the academic circle had discussed during the meeting writing the amendments before the court, as an important system of court case specification in this law. Will be meeting specification before court in the criminal procedure law, it is a common points in recent years, academic circles, the desirable points amendment was to write the system into the law, for the meeting before start the court found the law of the people’s court, and at the same time sufficiently protect the defendants’ rights, protect the rights of counsel’s defense, through a preliminary meeting to exclude illegal evidence, the witness to appear in court, to solve other problems affecting the procedural justice, effectively solved the trial process control of those endless angry debate, saving time, improve the efficiency of lawsuit. So the court before the meeting in the criminal procedure law, is a leap of our country’s criminal procedure law, the system of judges, prosecutors, lawyers are a challenging system. But on the basis of the existing criminal procedure law and the supreme people’s law Court judicial interpretation on criminal procedure law and the procedure rules of the people’s procuratorate, the court before the meeting and content as well as the applicable scope of the court before meeting arrangement problem such as rules of the specific procedure is relatively fuzzy, is not conducive to apply in practice, this article will from four aspects to our country are analyzed, before meeting puts forward distinctive views on how to further standardize the court before the meeting, to be able to guide our practice, to further improve efficiency, saving the cost of litigation, which fully embodies our country’s judicial impartiality, and to establish the judicial credibility.