The Research On The Pretrial Conference System Of Criminal Procedure

The new "Code of Criminal Procedure" of2012years has established "Pretrial Conference System" for the first time. The item182, paragraph2of the code has ruled:"Before the court hearing, adjudicatory personnel can convene the public prosecutor, parties and defender, litigation agent, understanding the situation and listening the opinions for avoidance, court witness list, illegal evidence exclusion and other related trial issues." Accordingly, the criminal proceedings have established the "Pretrial Conference System" for the first time. The Criminal Pretrial conference system is an important measure to improve our criminal procedure, it plays a replaceable role to improve the efficiency of criminal proceedings, save litigation costs, strengthen justice and so on. However, due to the "Pretrial Conference System" is a new system in the "Code of Criminal Procedure," the theoretical cycle doesn’t resolve urgent problems of "Pretrial Conference System". So the "Pretrial Conference System" needs further reform and perfect. The rules of current laws are so vague about the "Pretrial Conference System", so need to further refine and perfect. In this regard, this paper’s research is based on basic theory of this system, and analyzed the current legislation and defects, combined with other countries, in this way, expectation we can obtain some advantageous suggestion. Thus getting some benefit reform proposals of "Pretrial Conferences System", in order to promote the development and progress of our criminal proceedings.In this paper, the system of pretrial conference is divided by four parts. The first part elaborates the basic theory of "Pretrial Conference System", mainly studied the basic concepts and concrete value and function. It also compares the theoretical concepts with similar procedures system concepts. Expect to be able to lay the foundation for later better research. The second part describes a comparison with similar systems in other countries, and expectation gains some benefit suggestion from this comparison. The third part mainly elaborates our country current legislative content of "Pretrial Conference System", the status of implementation and defects. In order to explore the need for further improvement, so that put forward proposals to improve the "Pretrial Conference System". Finally, put forward specific recommendations on how to improve the system, specifically from "set emcee of pretrial conference reasonable, set the pretrial conference’s times, set the pretrial conference’s efficacy and startup mode, the coherence of pretrial conference and the trial."Get through these five parts to make useful suggestions on how to improve our "Pretrial Conference System".