Construction Of The Criminal Pretrial Conference Rules

The implementation of the new criminal procedure law in 2013, before the court session will be introduced to China’s criminal procedure, as a transition program between the prosecution and the trial. The creation of the pretrial conference system, the original intention is the criminal cases involving procedural dispute resolution in, in order to improvethe efficiency of the trial, to further promote the realization of substantial criminal trialobject. However, since the provisions on pretrial conference of new criminal procedure law has a relatively short time, the provisions of the abstract, operability is not strong. Mainly displays in:the participation main body is not clear; the decision validity; operation is lack of supervision etc. For example, a pretrial conference host "judicial personnel" precisely defined; for "listen, understand the situation of scope and so on, the current law and norefining. In addition to such as pretrial conference right to inform the program and start the program and so on, the law does not stipulate the law does not give the pretrialconference; determine the legal effect, thus limiting the function of the system of the criminal pretrial conference play; lack of supervision of the pretrial conference, make theimpartiality of its operation in doubt. The existence of these problems, to the judicial authorities in the application of pretrial conference system caused confusion, which is not conducive to effectively play the function of the pretrial conference. In addition, the actualapplication of the pretrial conference rate is not high, the system can not effectively releasebonus pretrial conference. In view of this, the author, in contrast to the related system with foreign advanced legislation of the country, to find the development of foreign experience on Perfecting China’s criminal pretrial. And on this basis, combined with China’s ownnational conditions, through the pretrial conference rights informing procedure, start the program, the program is running, the program supervision, relief and correspondingprocedure etc., to put forward the development proposal for perfecting our pre-trialconference.The main content of this article is:the court before meeting with the domestic and foreign relevant procedure were analyzed, in order to our country are meeting system before positioning shall be clear, and on the basis of the positioning, briefly illustrates the function of the former are meeting; For court before the meeting of the implementation of the present situation, the author through the analysis of the study of several scholars, in the northeast region, hebei province, zhejiang province and other regions of court practice before the meeting as a sample, for the present implementation of the court before the meeting to reflect on the problems of; To effectively solve the problems in the operation of the system, the author respectively represented by the United States, Germany, Japan and other countries, the countries of the advanced legislation experience in related legislation, and put forward for the meeting before our country are significance; In the comprehensive implementation meeting before our country are reflection of the state and, on the basis of foreign experience for reference, the author respectively from the court before the meeting to start the program, the program runs, the supervision and relief and the corresponding supporting program, etc., to our country are applicable rules shall be constructed before meeting, in order to realize the efficiency of the court before the meeting.