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The Discussion About Pretrial Conference System In Criminal Procedure

Posted on:2016-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:L C GaoFull Text:PDF
GTID:2296330479455149Subject:Procedural Law
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In recent years,the way of criminal trial is always an important part of judicial reform in China. In our country’s juridical practice, the pretrial conference procedure’s emphasis and improvement cannot be taken intensively in a long-term so that fails to take full advantage of its effect and function,resulting in not take the superiority of confrontational litigation in our nation’s model. In 2012’s criminal procedure law’s 182 nd act and 2nd point, the establishment of pretrial conference system means a form of improvement and deepening for the pretrial conference procedure. After that, combined with our country’s juridical practice, Supreme People’s Court makes a further confirmation for the application range, participant and function of pretrial conference in the explanation of the implementation of ‘Criminal Procedure Law of the People’s Republic of China’ about several problems. It has a significant meaning for the cases’ concentration judgment and improvement of litigation efficiency.In addition to the part of preface and peroration, this article is divided into four parts, totally has thirty-eight thousand words or so.The first part: the overview of criminal pretrial conference system. In terms of its origin, the "pretrial conference" is a concept of Anglo-American Law. First of all,it delivers a presentation for its content and makes a summary of its implication in accordance with the regulation of our country’s criminal procedure law and judicial explanation. On the other hand, it makes an introduction of its function.The second part:The investigation of relevant institutions of other countries’(regions) or districts’ criminal pretrial conference meeting. Firstly,it makes an introduction of Anglo-American law countries’ system of pretrial conference. Moreover, The mainland law countries’ relevant system of pretrial conference is described,especiallyfocuses on Germany’s intermediate procedures and French criminal pretrial procedures. In addition, makes a comparison and analysis of other countries or districts’ pretrial conference procedures with ours,also the enlightenment that arise from other countries’ relevant system to ours. Through the comparison of others’ procedures and with a combination of ours’ current situation,it also provides a series of reference for our nation’s pretrial conference’s improvement.The third part:the current situation and existing problems of criminal pretrial conference system in our country. Compared with other countries(regions), due to its new establishment and its unclear regulation, as a result, that cannot be taken immediately.By the author’s wide searching of information, makes a summary of its current situation and existing problems. Moreover, makes an deep analysis of these problems,through the analysis of these problems that exited in judicial practice, specifically improves and perfects our country’s pretrial conference system.The four part: suggestion about the improvement of our country’s pretrial conference system. At first, definite the pretrial conference’s presider. It establishes the pretrial judge institution that separates the pretrial conference’s host judge from trial judge, which avoids the prejudge arises from that attendant judge can take contact with cases substantially before formal court trail. Secondly, specify the procedures of pretrial conference. For example, perfecting the pretrial conference’s starting mode, participant, application scope, illegal evidence elimination and other procedures. At last, as the saying goes “ No relief, no right”,there should establish a comprehensive pretrial conference’s supervision and relief system. By means of putting forward the criminal pretrial conference system’s perfection suggestion, as a consequence, it can provide some reference for perfecting ours’ system.
Keywords/Search Tags:Pretrial conference, The pre-trial procedure, Judge pretrial, Illegal, evidence elimination Perfection
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