A Study On Pretrial Conference System In Criminal Procedure

2012"People’s Republic of China Criminal Procedure Law" (hereinafter referred to as "Criminal Procedure Law") Section 182 establishes a system of pretrial conference, that is, between the prosecution and trial stages implanted the intermediate program, which is a system innovation of legislation.Pretrial conference of the system as a new "Criminal Procedure Law," is established on the basis of absorbing foreign related system, it breaks through the traditional Chinese criminal trial procedure by the prosecution phase transition to the trial practice directly, enrich the people’s court pretrial review measures, is a major initiatives of our country criminal justice from the functions and powers doctrine to party’s doctrine, has the extremely important significance to improve the efficiency of criminal proceedings and regulate the right of public prosecution of procuratorial organ.About the characteristics of pretrial conference,I think the following three aspects:First, the start-up mode highlights the court authority,according to the current rule, regardless of whether to give the application of the prosecuting and defending parties, the final decision is still in court; Second, the content includes only procedural matters, the main content of the pretrial conference including reviewing procedural matters of the case, as well as the integrity, completeness and legality of the evidence; Third, the treatment is not mandatory, the effectiveness of the pretrial conferences evidence showing system and point of contention finishing system is derived from the consensus of defense and prosecution.Pretrial conference is the intermediate procedure between the prosecution and trial,which is conducive to guarantee the equivalence of information between the parties and give full play to the role of evidence showing system to achieve the equal confrontation.The world’s major countries have established pretrial procedure,such as America "pretrial conference", the British "preliminary hearing," French "pretrial procedures", Japan’s "pretrial consolidation procedure" etc,adaptation of judicial civilization of pretrial conference to set up the system for the pretrial preparation purpose, pretrial conferences has the function of program selection, sorting and clearing point of contention and enhancing trial.China’s "Criminal Procedure Law" the second paragraph of Article 182, "the interpretation of Supreme Court on the application<People’s Republic of China Criminal Procedure Law> "(hereinafter referred to as "the supreme law" interpretation ")have made provisions on the pretrial conference participates and the scope and content of the case, but after all, the establishment of the system of China is primary, so there’s shortcomings, such as whether the defendant must participate in dispute, the specific scope is not uniform, start-up mode is not clear, who presided over the election is different and the effect of legal uncertainty and other issues. In this part, I will combine the existing problems in judicial practice and theoretical disputes to explain.Development of foreign "pretrial procedure" has been relatively perfect, on the premise of fully guarantee the right of criminal suspects, and their common value lies in the pursuit of fairness and justice and the guarantee of human rights, but differences also exist in the startup mode, the presiding officer and other aspects, the author make the United States, Britain, Germany, France for example, to explain the relevant provisions of the major countries’ "pretrial procedure ",on this basis, to sum up the similarities and differences, and summarize the enlightenment of our country pretrial conference system construction,hoping make some benefit for the development of the pretrial conference system.The recommendations of pretrial conference are the focus of this paper,I am based on combining the judicial practice, the function of the pretrial conference as a starting point, learning from outstanding foreign experience, to improve pretrial conference from the following aspects:First, whether the defendant participates in the pretrial conference, should distinguish situation between if the defendant appoints a defender, the defender can participate the conference,but if not appointed a defender, the defendant shall participate in or to assign a defender. Second, the cases of not having a defender and summary procedure do not apply to pretrial conference. Third, it could be in accordance with the application also with the terms of start-up mode. Fourth, a collegial panel of judges preside over pretrial conference. Five to make clear the legal effect of the pretrial conference, consensus reached by both parties on pretrial conference, the trial should have strictly binding.