Study On The System Of The Premeeting System Of The Criminal Court

Amended in 2012 after the people’s Republic of China Criminal Procedure Law (hereinafter referred to as the revised Criminal Procedure Law) the provisions of paragraph 2 of Article 184:"in before the trial, judges can be called the public prosecutor, parties and defender, agent ad litem, withdrawal, appear in court as a witness list, exclusion of illegal evidence and trial related problems, understand the situation, listen. As the facilities, the Supreme People’s Court issued "on the criminal procedure law of the people’s Republic of China shall apply interpretation" (hereinafter referred to as "the supreme law of the" explanations ""), the Supreme People’s Procuratorate issued a "people’s Procuratorate criminal procedure rules (hereinafter referred to as" the Supreme People’s Procuratorate "regulation" "), the pretrial conference system were refined. In the academic world, usually referred to as the chamber before the meeting system. Academic and practical circles generally believe that the establishment of the criminal pretrial conference system, on China’s criminal justice with groundbreaking value, to improve the efficiency of criminal justice in China, enhance the quality of the trial has very important significance.For the study of the pretrial conference system, this paper from the modified criminal procedure law and the judicial interpretation provisions of the system to make the starting, adopt the method of comparative study, in the pretrial conference proceedings, the UK preliminary hearing procedure, Germany preparation procedures, France felony court case to research program based on, and before the tribunal and the similar preparation procedure, the pretrial review procedure, pretrial evidence demonstration program for comparative analysis, strive to explore the establishment of a sound and consistent with China’s judicial practice of the pretrial procedure. Through comparison, it can be seen that the provisions of the pretrial procedure of the various countries, and also very specific, but our country’s legislation on the provisions of the system in terms of the number is not much. This paper mainly discusses the concept, the concrete content, the existing problems and the perfection of the system, and the paper will be discussed in four aspects. This article is divided into four chapters as follows:The first chapter is a summary of the conference system. This chapter mainly expounds the basic content of the system of the former meeting, including the concept and connotation of the system, and the contents of three aspects of the similar concept. The reason from the basic content of the system of pretrial conference about allows us to introduce new pretrial program has a general and fundamental understanding, grasp the whole picture of the system, but also to understand the legal status of the system.The second chapter is the present situation and the existing problems of the legislation of the system. This chapter mainly expounds the present situation of the legislation of the former system, and some of the main problems encountered in the implementation of the system. This chapter is mainly plays the role of a connecting link between the preceding and the following, face the pretrial conference system encountered in the judicial practice problems and lead the reader to think.The third chapter is a review and analysis of foreign related procedures. This chapter take comparative analysis method, main countries of foreign legal systems of criminal pretrial procedure is analyzed, summarized laws and features, based on China’s current pretrial meeting system of current law comparative study, before the tribunal will discussion system perfect provide useful reference.The fourth chapter is to improve the system of the court before the path of thinking. This chapter bases in our country pretrial conference system, the status quo, in reference to foreign similar procedures from the relatively mature approach based on, respectively from the pretrial conference of exclusion of illegal evidence, legal supervision and other aspects of research, the system construction of pretrial conference system more perfect.