The Plight Of The Criminal Pretrial Conference To Be In Motion And The Solving System

In March 14,2012,The Fifth Session of the Eleventh National People’s Congress examined and adopted the Decision on Revising People’s Republic of China Criminal Procedure Law,and which clearly defined that the Procedure Pretrial conference system must be wrote in the Code of Criminal Procedure Pretrial conference system.The Pretrial conference became the intermediate program of the prosecution and the trial and broke the order from the prosecution to the trial directly.The new system is concerned by scholars of the theory and practice.So it is a criminal procedure system with Chinese characteristics. Also it indicates the progress of our procedural law and has slowly entered on track of the scientific and specialized.It plays an indelible role on the improving the efficiency of the lawsuit、achieving the balance between the prosecution and defense and procedural fairness. In the theory it has been unanimously affirmed, even some scholars make a higher evaluation,who noted the Pretrial conference system was constructed throughout the trial reform program in a dazzling pearl. The Pretrial conference system has been implemented for three years, two famous cases about Bo Xi lai and Liu Tian yi have held a pretrial conference, which have a significant manifestation on improving the efficiency of the trial, achieving justice, and guarantee the rights of the parties.However, the time that is used in the practice is relatively short.We are in the stage of exploring comparing to the perfect legal system of the state of pretrial conference. It is made a simple rough only in Article 182 of Criminal Procedure Law Article and the Supreme Court concerning the Application People’s Republic of China Criminal procedure Law interpretation 183,184.there are many less than the specified ultimate effect on the function of the conference, as well as program settings, which result in generating different approaches in the practice,So there are more issues in the judicial practice,In some law court which held the pretrial conference not only failed to achieve the original purpose, and some even have the incompatible effect.This article consists of four parts, which focus on existing difficulties in four aspects about the pretrial conference system in the operation of practice.The first part describes the subject issues about the Pretrial conference system,including three aspects of the subject,the main subject about starting、participating in and presiding.Then explaining the provision about the main body of the foreign pretrial conference..Further proposing measures and solutions for the existing problems on our existing subject.The second part focuses on the difficult about the application of the pretrial conference system,the applicable rate is low,and the scope is not clear.And putting forward constructive suggestions for the problem. The third section recommends the defects of the Pretrial conference on the contents,including the Procedural issues operation is not clear、dealing with substantive issues is not clear and dealing with the evidence problem is not clear.Then introducing the foreign relevant provisions on the evidence and Proposing related solutions.The fourth part describes the problem of effectiveness and the monitoring mechanism about the Pretrial conference system,Mainly in the effectiveness of the meeting is to be determined state and lack of effective supervision mechanism.And making recommendations on this issue:including clearing the effectiveness of the meeting and making more strict supervision mechanism, in order to better improving the Pretrial conference system to make it better preparation for the formal trial.