Study On Criminal Pretrial Conference System

Since2012, China’s "Criminal Procedure Law" additional pretrial meeting system, all over the court began in handling criminal cases of trial of the system. Such as the Liu Zhijun case, Li Tianyi case, Bo Xilai case have held a meeting before trial procedure. In the "Supreme People’s Court on the application of the people’s Republic of China Criminal Procedure Law interpretation"(hereinafter referred to as "the supreme law" interpretation "") and the Supreme People’s Procuratorate, the people’s Procuratorate "rules of criminal procedure"(hereinafter referred to as the "most high" rules "") before and after the introduction of a plurality of regions, inspection, law, the Secretary other authorities respectively has signed is applicable for local pretrial conference implementation rules. Needless to say, the pretrial conference system for clearing dispute, improve the efficiency of the trial, played a significant role in. But because of pretrial meeting to discuss the content is too wide, pretrial conference to reach a consensus of the legal validity is not clear, the meeting before the tribunal should function can not fully play.This article from the concept of pretrial conference system, adopts the method of comparative study and case study to study the pretrial conference system. The method of comparative study is reflected in the study on foreign pretrial meeting system and analysis on. The case study method is embodied in the judicial practice present situation elaboration pretrial conference system, the introduction of a specific case.The article is divided into two parts of introduction and text, the first part briefly introduces the creation background. The main body is divided into four parts:Analysis of the first part is the basic theory of pretrial conference system. In this part, based on the summary and comparison of various experts and scholars on the views, the definition of the concept appear before the conference system. The legal value of pretrial conference system, mainly includes three aspects of justice value, efficiency value and the value of human rights. The main function of pretrial conference system, can be summarized as case distributing function, strengthen the trial center position function, eliminate prejudgment function and the function of criminal reconciliation.The second part is the extraterritorial investigation and analysis of pretrial conference system. The similarities and differences between this part through the comparison with foreign pretrial meeting system, summarizes the extraterritorial pretrial meeting system’s advantages and disadvantages, and applicability to our country pretrial meeting system and not suitable.The third part is the present situation of China’s pretrial conference system. This part mainly analyzes from two aspects of legislation and judicial practice of legislation present situation, finally obtains our country pretrial meeting system in some key point is still insufficient, the judicial practice of grassroots courts apply the ratio of pretrial conference low, pretrial conference failed to stop the "ambush trial" and other issues.The fourth part is to perfect our country pretrial conference system. In the basic framework follows the criminal procedure law of our country, with reasonable abroad experience, follow the existing legal framework and the key focus program as a guide, from the scope, content of discussion and defendants the right to choose procedures, pre procedure, participants refused to bear the legal responsibility and legal effect, supervision system and so on seven aspects to the court before conference on the perfection of the system put forward some concrete proposals to make its operation more rational and smooth.