Research Of The Pre-trial Conference System In Criminal Procedure

The new “Criminal Procedure Law” set up the pre-trial conference in the pre-trialpreparation procedure, is the brightest spot of this judicial reform, As the transition ofpre-trial procedure and trial procedure, pre-trial conference system is not only accordswith the basic litigation concept of procedural justice, but also ensure the trial focus atthe same time, improve the quality and efficiency of the trial, restrain the right of publicprosecution and protect the defendants’ human rights. Newly revised criminal procedurallaw brings the western pre-trial conference system into our country, enriched our countryoriginally thin pre-trial prepare procedure, but as a new system, specific laws andregulations are still not enough meticulous, often cause confusion in judicial practice,judicial application rate is not high, the author through to the related legal application,summarized the problems and find solutions.This article uses the research method of combining comparative study method toexplore pre-trial conference. This paper has four parts: the first part of the body makeclear the concept of pre-trial conference, through the contrast the new law and the oldone, explore the building background of pre-trial conference in judicial practice, tosummarizes the pre-trial conference’s function ought to be own at the same time,including information flows, issues and evidence, procedure diversion and protect therights of the defendant. The second part through the investigation to the relevant systemsabroad, measure the pros and cons of each system and then analyze the system of perfectenlightenment to our country. The third part puts forward the present problems of tpre-trial conference in our country, such as the case scope, the identity of the leader,starts the way and the processing object is not clear, pre-trial conference’s effectiveness isnot clear, lack of relevant supporting measures, etc. The fourth part in clear positioningon the basis of the pre-trial conference, improving suggestions aimed at these questionsone by one. First clear whether some kind of special case applicable pre-trial conference,and then start the way of clear division before the conference proceedings, parsingpresided over the identity of the characteristics of designated meeting processing object,clear and meeting the legal effect, put forward two related procedures, combined with therelevant provisions of the state, the American law system to bold and build up the evidence discovery system, and analyzes the court before the meeting the importance ofevidence preservation system. Finally focus on illegal evidence exclusion is an importantprocedure mechanism of perfect, as far as possible to exclude illegal evidence before thecourt, the trial judge and set up a barrier between the illegal evidence, prevent illegalevidence affects the discretion of the judge; guarantee the impartiality of the trial results.