Research On The Pretrial Preparation Procedure Of Criminal Cases

Criminal Pretrial preparation procedures were improved by the Code of CriminalProcedure of2012, the participation of the two parties is also emphasized. The codeof criminal procedure establish and improve the Chinese pre-trial conference,reasonably absorb and learn from the adversary mode part, making pretrialpreparation procedures tend to be more legitimate and complete. However, due tothe fact that the pre-trial preparation procedure is still a new thing in the criminal trialsystem, so there is a lack of related theoretical research, perfect legislation andsupporting systems, the pre-trial preparation procedure is short of maneuverability, itcannot fully realize its target to establish a fair and expeditious criminal trialmechanism,to ensure that the rights of the parties is protected,to promote proceduralfairness and to achieve optimal allocation of limited resources.This article takes a comparative and empirical approach, with the analysis ofadversary model, inquisitorial model and syncretism mode. On the base of Code ofCriminal Procedure, the relevant judicial interpretation of the Supreme People’s Courtand the Supreme People’s Procuratorate and the existing judicial practice of criminalpretrial preparation procedure, the article will focuser on the definition, the value andthe function of the procedure, and the paths of improving. Based on the pre-trialconference, taking two steps of short-term and long-term goal to establish a pretrialpreparation procedure in line with national conditions. The article is divided into the following four parts:The first part studies the definition, the characteristics and the function ofcriminal pretrial preparation procedure. The pretrial criminal procedure and thepretrial preparation procedure are two different conceptions, the early one is based onthe concept of judicial centrism. Depending on whether the public prosecutionreviewing procedure is included or not, the pretrial preparation procedure can beseparated in broad and narrow meaning, what this article studies is the narrowmeaning. The complete pretrial preparation procedure takes great significance to theenhancement of trial justice and trail efficiency, and the safeguard of the rights of theaccused person, and the case diverges in order to allocate limited judicial resources.The second part mainly studies the legislative present situation of pretrialpreparation procedure of our country. The article will sort out the related provisions inthe legislation and understand the main content of the current criminal pretrialpreparation process. The article will also analysis the problem in current judicialpractice with its causes.The third part researches the criminal pretrial preparation procedure of theoverseas. Through analysis of the adversary model of common law system and theinquisitorial model of civil law system, as well as Japanese syncretism mode. We canknow that pretrial preparation procedure normally focuses on the following purposes:ensuring the continuous trial, in order to realize the trial justice and efficiency;includes the same concrete preparation item: the learning of evidence, thepreservation and retrieval of evidence, the elimination of illegal evidence, thereorganization of evidence and the points of contention, the replies of the defendantand the case diverges.The fourth part shows how to improve our criminal pretrial preparationprocedure. The improving of the criminal pretrial preparation procedure should adhereto the principles of justice and efficiency; guarantee the continuous of trial and theparticipation of the two parties. Based on the pretrial conference to improve ourcurrent system as the recent reform objective, understand its scope and participants,the function of the system of evidence. Build a criminal pretrial preparation procedure which is in line with our national conditions for the medium and long termgoal, and improve pretrial diversion mechanisms and other preparations of the trail,try to expand the functions of the court for register, to set up a " pre-trial preparationwork group " in which,the person in charge of the pre-trial procedures and formalcourt proceedings can be separated.