Investigation And Analysis Of Criminal Pretrial Conference Operating Conditions In A District Of Taiyuan City

People’s Republic of China Criminal Procedure Law was amended in 2012. The new Criminal Procedure 182, paragraph 2 introduces the pretrial conference system, which acts as the intermediate program between prosecution and trial. The new system is designed to protect the court hearing centralization, improve trial efficiency, and prevent the trial from interrupting because of some procedural matters or evidentiary issues.It carries the double value of justice and efficiency. It is undeniable that the establishment of pretrial conference system is a major advancement of the criminal proceedings. However, because the system was first established in the country, lack of relevant legislation and judicial practice experience results in a lot of problems in the appliance. In order to investigate the specific application of the system, a district court in Taiyuan paper is used as a sample. The article analyzes the pretrial conference system’s deficiencies and defects in the judicial practice’s application, in order to give our advice to improve pretrial conference system. This article is collected through case study,empirical analysis and value analysis, and analyzes the operating conditions of pretrial conference and presents with the corresponding perfect proposal.The full text is divided into three parts, a total of thirteen thousand words.Part Ⅰ:introduce the appliance conditions of the pretrial conference system.20 Cases,which the author obtained as a template, proceed from the terms of applicable rate, intuitive form of pretrial conference and the specific content and analyzes the appliance condition of pretrial conference in a district court’s.Part Ⅱ:Analyzes the problems and causes of pretrial conference in the judicial practice. Combined with the second part’s research as well as other information, the article analyzes that Pretrial conference applicable rate is low, a start-up mode is single, the moderator and participants are uncertain,and the effect of pretrial conference is not clear and the pretrial conference is formal.Part Ⅲ:Put forward a sound proposal of Pretrial conference. I apply for the status quo of the current pretrial conference, combined with the experience of foreign countries, put forward a sound pretrial conference system from relevant comment level, so that it can effectively improve trial efficiency and protection of justice, and play its due role.I believe that, as the important part of the Criminal Procedure Code modification,the pretrial conference has far-reaching significance. To improve the system still needs the efforts of all parties. We have reason to believe that with the deepening and promotion of academic research and judicial practice, the important role of pretrial conference in the criminal justice system and other aspects of efficiency must be able to produce all play out.