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Study On Criminal Pretrial Conference System

Posted on:2017-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Z H LiFull Text:PDF
GTID:2296330485466513Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years, the number of criminal cases rising seriously. The contradiction of Shortage of judicial resources not only hindering the efficiency of trials but also reducing the quality of trial. In order to solve this dilemma, we had the legislative, adding a preparation program before the formal court, which resolve procedural issues. The Institution have the functional of focusing of controversy and removing obstacles in the trial.Although the pre-trial conference is a part of the trial, But it has value of independent program. Whether substantive justice and procedural fairness, or full responsibility for the implementation of a consistent handling accountability, it requires the defendant at the trial stage of criminal liability by the trial settlement, which is the essence of trial of the essence, but also the basis of trial centralism. Pretrial conference system is designed to service for the trial, therefore, improving the pre-trial conference system is able to make the judiciary more implementation of the trial centrism to promote the essence of trial.However, there are still many defects and shortcomings in the system of pretrial conference, such as the scope of pre-trial meeting, the judge did not distinguish functions, which is easy to form the pre-trial, the lack of real effectiveness of pre-trial conference, resulting the lower rate of applicable procedures. In this article, the author make some recommendations to improve the system, hoping to enrich the theory of the criminal procedure law, and providing theoretical help for the future of judicial reform.
Keywords/Search Tags:Criminal suit, Pre-trial conference, Defect, Perfect
PDF Full Text Request
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