The Application Research Report Of Pretrial Conference System

In2012,the new " Code of Criminal Procedure " established a number of new systems,one of which is a criminal pretrial conference system. In the past, the official opening of thetrial of criminal cases are often due to inadequate pre-trial preparation caused by repeatedadjournments, thereby reducing the efficiency and quality of the trial. It brings opportunityfor the protection of orderly and efficient trial by pre-trial conference. Pre-trial conferencerefers to the court before calling a session, the judge convenes public prosecutor, the partiesand counsel and legal representatives pretrial preparation program to communicate thenecessary information on issues related to the trial under the authority and application. It isdesigned to protect the centralized court hearing to prevent the trial because of someprocedural matters or evidence raid interrupted. Admittedly, the establishment of pre-trialconference system is a huge step forward on Criminal Procedure, however, given thepre-trial conference is the first time for the system has been established, there are still manyproblems with their confusion in the judicial application process. This paper uses theoperation of pretrial conference system in S area People’s court, N city, J Province as anexample, combined with the pre-trial status conference system applicable to other courts, thejudicial pre-trial meeting the applicable conditions were summarized and analyzed, andultimately made a perfect Pretrial conference proposal system.This paper is divided into four parts, the first part is an introduction, which describesthe first part of the system introduced criminal background of pretrial conference, to clarifythat the judicial system is based on the practice of increasing criminal cases, the necessity toreduce the burden on judges and judicial practice chaos generated. Secondly, in order tounderstand the system of pre-trial conference better, the author discusses the process ofjustice in this system, and implement timely action to improve efficiency and achievecentralized tried to improve the quality of the trial in accordance with the principles ofjustification and its legal framework. At the same time, the author describes the researchpurpose, object and method. Meanwhile, the author also describes the deficiencies sources ofmaterial and ideas in this paper and the its shortage.The second part analyzes the applicable conditions and criminal pretrial conferencesystem in S area People’s court, N city, J Province. First, the author applies the S District People’s Court pretrial conference pretrial conference overview and collected two cases, andthe results of network analysis, found that practitioners did not get deep understanding of hefunction and value of the system ’s pre-trial conference, practice Pretrial conference existsunder the applicable rate, single-start mode, holding time of uncertainty, participantsunsure, held by dislocation resolve issues involved in this question is too broad aspects.The third part is the reason analysis of the second part of the question as well as theeffectiveness of the pre-trial conference to collect network information I found this articlelacks coercive power of reason to resolve this issue, then found these problems have not onlyon the reasons for imperfect legislation, but also for the concept of disorder.After the statement of problems and research of causes, the author proposes two levelsfrom design concepts and systems to improve our system of criminal pretrial conference.Construction of the Criminal Pretrial conference system must get rid of the concept of“emphasizing substance and slighting procedure”, in this context refinement rules for theoperation of the criminal pretrial conference system, it builds pretrial proceedings withindependent status.