Research On Chinese Pretrial Conference System In Criminal Proceedings

In 2013, the newly promulgated of the criminal procedural law of the People’s Republic of China formally established the unique legal status of pretrial conference that are carried out all over the country and pushes forward the development of pretrial conference. Throughout the development of our pretrial conference, Chinese criminal procedural law in 1979 claim that the use of public prosecution review in China is the pretrial Substantive Examination. In pretrial conference, the procuratorate transfer all material relevant to the case to court. The judge by activing reading, investigation and evidence review whether the evidence accordding with the formal trial conditions. This form of court review process improve the efficiency of the litigation, but there is no denying that early intervention from the judge leads to the judge making a prejudgment before the trial and Formal proceedings becoming meaningless. Therefore, criminal procedure law in 1997 used the transferring mode of prosecution copy doctrine. When the pretrial Substantive Examination transfers into the pretrial formal review, the Judge only formally review the prosecution of a case.our country has been in a "step to appear in court" model.There are many procedural problems in practice.such as interrupting a formal trial by some Procedural problems and impropering formally charged into the formal trial court, which lead to a serious delay of litigation. in 2003, the count of the Shou Guang County in china began to explore and attempt to develop the procedure of the pretrial conference.Basing on the study of the local actual situation combined with foreign advanced experience, it made many significant and remarkable achievements, which had profound theoretical research value.But it should be noted that Making the legislation is too principle and the difference of the actual situation and the practice basis lead to the program operation mode of pretrial conference which is different.there are some problems in the operation of the practice. Putting forward a universal applicability and operability norm is particularly important. It is necessary to further refine and improve the pretrial conference.This article mainly is composed of four parts, mainly research method by the method of literature analysis, method of linking theory with practice. Analyzing pretrial conference function and the current situation in our country, I find out the current main problems of the pretrial conference in order to find the ways and methods about further improving the program.The first chapter’s topic is an introduction about the paper. This part put forward on the issue of this paper, the research train of thought, research methods, research difficult point, innovation and research path for overview.The second chapter’s topic is "the basic connotation and functions about the criminal pretrial conference proceedings ". The first part expect to accurate definite the basic connotation of the criminal pretrial conference proceedings by comparing the criminal pretrial conference proceedings and the Procedure before court” the running investigation of the criminal pretrial conference proceedings in china”. Exploring practice operation whether the legislation conform to the expected effect by comparing the criminal pretrial conference proceedings’ legislation with practical operation situation comparative investigation.The second part mainly analysis the functions of the theoretical level, the functions of outside court procedures and the functions in Chinese. Aiming at researching the criminal pretrial conference proceedings from the theoretical level and practical level, as well as the outside Pretrial conference proceedings.The third chapter is "the perspective of comparative law about the function model of the criminal pretrial conference proceedings".This chapter mainly introduces the criminal pretrial conference proceedings in US, Britain, Japan and Taiwan, and sums up the same functions.The fourth chapter is that “ the current situation of reflection and the analysis about the key problems existing in the criminal pretrial conference proceedings.” This part is one of the focuses of this article, which is mainly from the function of the first chapter and the current situation of the second chapter to find out the problems about the criminal pretrial conference proceedings to appear in court before the conference program is running, and a preliminary conference program applicable rate and the court before the meeting started and decision subject, main body, startup mode, the applicable scope, the referee played five part, analyzing the defects in legislation and the problem is difficult to operate resulting in the judicial practice.The fifth chapter is that "the improvement of the court before the conference program advice". Aiming at the problems in the criminal pretrial conference proceedings, the article will emphatically put forward improved Suggestions from the two aspects of legislation and practice basing on China’s national conditions.The article attempt to put forward some improvement Suggestions by Focusing on the subject of starting and decision, the Participate in subject and starting mode, the scope of application, the referee played five parts.