Study On The Implement And Perfection Of The System Of Criminal Pretrial Conference In China

On March 14,2012, the National People’s Congress passed the decision of amending the law of criminal procedure of the People’s Republic of China, which would implement since January 1,2013.This amendment was based on the last amendment in 1996,and had a great degree of modification.The defending of human rights was written in the general part,and on that basis,substantial modification and perfection were done in the system of the right of defense.What’s more,this amendment had put the system of pretrial conference in it,which had always been discussed in the circle of legal theory.The establishment of the system of pretrial conference in the code of criminal procedure,changed the former mode of trial of one-step process,provided the court with certain corresponding legal basis in the using of pretrial conference,and meanwhile,this system had protected the right of the defendants and the right to defense of advocates.A lot of procedural problems,such as the exclusion of illegal evidence,attendance of witnesses and withdrawal could be settled in time,otherwise that would affect the justice of the whole criminal procedure.Besides, the pretrial conference would solve the problem of the unceasing shouting match between both parties,which would economize the cost of criminal procedure,enhancing the efficiency of criminal procedure,marking the scientific and modernization of the mode of criminal trial in our country,bear a fundamental significance both in theory and in practice.So put the system of pretrial conference was a very big step in the criminal procedure in our country,and that had brought a new challenge for our judges,prosecutors,and lawyers.But,we should see that due to the vague legal regulation in the starting method,limitation of application,content and the effect of pretrial conference,judicial authorities had different opinions of pretrial conference,which would do no good to the legal application.This paper would do both theoretical and practical analysis of pretrial conference,and was divided into five parts,offering opinions and suggestions about the perfection of pretrial conference,hoping to guide certain legal practice of the judicial authorities.If we do so,the efficiency of trial would be improved,and the cost of trial would be more economic,which would reflect the justice of criminal trial,offering more sufficient guarantee in the setting-up of the judicial credibility,practicing the basic strategy of the rule of law better.