On Legal Regulation Concerning The Pretrial Conference System

On March14th,2012, the Criminal Procedure Law was been revised. The182thprovision of the law had preliminary established the pretrial conference system. Thesystem is an innovation system of the criminal procedure with Chinese characteristics,which marking our country’s criminal procedure enters into a high speed developmenttrack of specialization, accurate and scientific. Therefore, the academic field and thepractice field shall actively carry up with the exploration of the pretrial conferencesystem and discuss the system with understanding and application. This paper makes apreliminary study of the related problem of the pretrial conference. Combining with theanalysis of the legislation of criminal pre-trial preparation procedure of the common lawsystem countries and continental law system countries, the paper puts forward someperfecting suggestions of our country’s pretrial conference system, hoping that it canhelp with the system reforming and perfecting in the future.The paper is divided into six parts: the first part illustrates the concept and natureof the pretrial conference system. Differ from several similar criminal procedures, thepart gives an accurate position for pretrial conference. The second part analyzes thefunction of the pretrial conference. It expounds the value of the system and lay a solidtheoretical basis for the below. The third part is talking about the main content of ourcountry’s pretrial conference system. The fourth part mainly analyzes the problems ofthe pretrial conference in China. The fifth part is mainly comparative studying foreignrelated legal system. By comparing the two law systems countries’ legislation ofcriminal pre-trial preparation procedure, the paper summarizes the differences andsimilarities and puts forward the future development trend of the international pretrialconference system. The sixth part, mainly aiming at the problems and the insufficiencyof our country’s pretrial conference system in the current and drawing lessons fromforeign advanced concepts and legal provisions, puts forward the correspondingperfecting suggestions and specific measures for implementation.