The Research Of Criminal Pretrial Conference

New "Law of Criminal Procedure" will join in front of from now on the criminal courtyard in the revision the conference content, in front of the criminal courtyard the conference system increased in front of the criminal prosecution courtyard the procedure connotation, has enriched in front of the criminal prosecution courtyard the procedure content, in practice process, because in front of the courtyard the conference displayed the procedure function, safeguarded the lawsuit to carry on smoothly truly to a certain extent, in front of the criminal courtyard the conference will also be minority in the system still under the imperfect situation, namely displayed the positive role in the criminal prosecution process the system.But because the present system stipulation insufficient integrity, the existing most high court, examines appearing high the explanation and the rule, cannot the effective standard this system movement, enable this system in the movement process, the movement way to have many not bright places, although this system moves in at present not yet appears the influence significant judicature event, but from in the existing system hypothesis, sees truly difficult its can in continue to move in the process to have the truly effective function, or said extremely easy to appear in the procedure the question, in view of this, it is necessary the conference system theory to carry on to the criminal courtyard in front of to comb, simultaneously must unify the judicatureThe practice made a reasonable forecast to this system development, this article altogether divides four parts to carry on the elaboration to this question:The first part, contrasts through the analysis domestic and foreign about the criminal courtyard in front of the conference concept and the explanation, the conference concept has made the annotation to the criminal courtyard in front of which a fitting author understood, meets down, the author explained emphatically this system procedure function and the procedure value, manifest in front of the criminal courtyard the conference to take a criminal activity legal system the importance, launches the elaboration for as follows to foreshadow.The second part, launches before the elaboration in the article, first to our country Law of Criminal Procedure related criminal activity courtyard in front of the conference stipulation content carries on the analysis, in front of the related criminal courtyard the conference content difference and has carried on a more systematic summary compared to the right legislation around, then carried on in certain degree analysis to in the judicial practice phenomenon and the question to set at variance, finally unified factors and so on Chinese French background, to formed the question the reason to carry on the analysis.The third part, carried on to the overseas existing correlation similar system compared to studies the analysis, the author has abandoned the national law synthesis which the past scholar adopted compared to the pattern, transferred uses a more careful crosswise contrast, through to the criminal courtyard in front of the conference start way, the conference deliberated content, conference law effect as well as criminal law culture four aspects the comparison research, summarized certain general character, discovered the part the difference, obtained some beneficial last content.The fourth part, the author begins in this chapter, first the conference carried on one to the criminal courtyard in front of to confess for the reasonable accurate localization, the conference located the courtyard in front of for the courtyard in front of the procedure, did not remove judge to prejudge, dealt with the procedural issue not purely, had the corresponding judicial potency, in this foundation, the background and the bounded condition which the conference consummated to the criminal courtyard in front of has carried on in certain degree elaboration, finally unified the preceding text the analysis, the conference perfect measure has carried on the inferential reasoning elaboration to the courtyard in front of.Through four part combing with the elaboration, the author believed, infers the perfect measure is not emerges out of thin air, obtains the perfect conclusion theoretically also can good conform to our country’s realistic national condition, this article research way choice foothold home, outside the analysis territory is connected the law, in the analysis research process strives for makes up for one’s deficiency by learning from others’ strong points, but obeys not blindly, carries on the cultural context to the overseas related law as well as the domestic law the research, author’s profound realizing, must tally to the system improvement and the consummation is rooted in this system cultural soil, depends upon the external mature system merely, carries on directly does not conform to the localization transplantIn this kind of pure technical perfect measure is extremely easy to become the empty talk.