The Research On The Pretrial Conference System Of Criminal Suit

The Pretrial Conference of Criminal proceedings is the program which makespreparation for trial, The Pretrial Conference of Criminal proceedings connecting theprosecution procedure and trial procedure, ensure the smooth operation of the trial work,enhances the working efficiency of the trial and even the whole efficiency of criminalprocedure is an irreplaceable role. Our country’s Pretrial Conference is only a prototype,compared with some developed countries’ Pretrial Conference,there is large gap, and Ourcountry’s Pretrial Conference is still not fully play its proper function and role. Research howto reform and perfect our country’s Pretrial Conference can help for the reform of the trial procedure and help solving some problems that exist in the judicial practice in China.In this paper,The main body of this article divides into four parts,altogether morethan20,000characters.The first part is mainly overview of the Pretrial Conference.The Pretrial Conference ofCriminal proceedings,just as its name implies, is point to the meeting which in criminallawsuit activity, the judge in charge of convening the prosecuting and defending parties tomake preparation for the trial. The Pretrial Conference is an important part of the pretrialpreparation procedure, is a relatively independent procedure.But it is easy to confuse withsome related concepts in our country, so in this paper author mainly comparing the PretrialConference with the system of criminal proceedings before the court session and the pre-trialprocedure, review and prosecution procedure,in order to better understanding the system ofthe Pretrial Conference.This article also research on the definition of the Pretrial Conferenceand the comparison of the Pretrial Conference and related system, in order to in-depthunderstanding of the program, and lay the foundation of far study of the Pretrial Conference.The second part mainly studies the value of our countries’ pretrial conference.As animportant criminal procedure system,the pretrial conference must have the value of criminalproceedings, but the basic value will have different embodiment in pretrial conference. Thisarticle focuses on studying the value of justice and efficiency value and the value of humanrights, research on the value of the pretrial conference is conducive to our understanding ofthe importance of the system, and also to cause the attention of academia and practice of thesystem.The third part is mainly compare and analysis the pretrial conference of Criminalproceedings of the world’s major countries and regions. This part mainly analysis andcomparison of the UK, the United States, Germany, Japan and our country Hong Kong area’spretrial conference, so as to draw the most essential part of the pretrial conference. Byanalyzing the major nationals’pretrial conference, found that because of the different lawsuitidea, litigation mode and so on makes the pretrial conference of these countries presentsdifferent characteristics in terms of specific content,but there are still a lot of similarities: thevalue function is the same, similar system regulation, application is more and more tend torationalize, refining, etc; Then work out the most important part of the pretrial conference ofthese countries in order to construct a perfect pretrial conference system for our country.The fourth part has put forward specific proposals on the improvement of China’s Criminal Pretrial conference system. Improvement of the Criminal Pretrial conference systemis the inevitable requirement for further deepen the Criminal Trial Reform, after thepromulgation of the new Code of Criminal Procedure, the practice of criminal justice to solvethe important issues. In this part, after studying of the value of the pre-trial conference systemand introducing the foreign Pretrial conference system, put forwarding some specificproposals on the improvement of China’s Criminal Pretrial conference system. This sectionfirst build the Pretrial conference system in China should follow the principle: to prejudge thequestion of the judge to exclude the principle of transparent processes and proceduresinvolved in the principle, the principle of efficiency; Second, under the guidance of theseprinciples, put forward how to improve our pretrial conference system, including the scope ofapplication of the pre-trial conference, that is, make some research about which cases couldbe applicable to the pre-trial conference; the start of the pre-trial conference, that is, the starttime of the pretrial conference and how to start and start the personnel issues; PretrialConference the presiding officer, that is, who is going to preside over pretrial conference; thespecific content of the pre-trial conference, that is,what matters should complete in pre-trialconference;effectiveness of the pretrial conference,that is,the effectiveness of pretrialconference and how to protect the effectiveness of the pre-trial conference; other problems ofthe pre-trial conference, mainly including the convening of the number and manner of PretrialConference Pretrial Conference. The Criminal Pretrial conference systems specific systems byproposing to build in order to provide some reference system for rich Criminal PretrialConference.