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A Study On Pretrial Conference System In Criminal Procedure

Posted on:2015-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:X H LiFull Text:PDF
GTID:2296330434450164Subject:Law
Abstract/Summary:PDF Full Text Request
Justice in law, entails both the fulfillment of substantial laws and application of legal procedures. In recent years, the reform of criminal proceedings has become one of the key areas of judicial reform. Pretrial preparation procedure attracts great attentions for its important role in connecting the prosecution and the trial procedures, and the pre-trial conference is undoubtedly the main character of an entire litigation preparation process. Widely adopted by other countries, pretrial conference system is proved to be an effective preparatory procedure, for its function of excluding irrelevant subjects (such as jurisdiction, admissibility of evidence, exclusion of the illegal evidence) from a court trial throughout, which pushes judicial equality and efficiency forward to a further extent.Criminal Procedure Law of the People’s Republic of China (revised edition in2012) achieves a major breakthrough in the preparation of criminal procedure. A further study finds that criminal Pretrial conference is a ’vacuum’ container for its ambiguity and flexibility in interpretation in a series of vague provisions. Compared with the United States, Britain, Japan and Taiwan, regulation of pre-trial conference in mainland China remains a ’Round table Conference’ mechanism, scarcely to its full use. Based on the practice of mainland China, this article conducts a comparative study of practice of the above countries or area with that of mainland China, thus proposing a series of operative modes and models in criminal Pretrial conference under the Criminal Procedure Law of the People’s Republic of China.
Keywords/Search Tags:Criminal pretrial conference, Evidence, Exclusion of illegalevidence, Efficiency, Procedural justice
PDF Full Text Request
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