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Criminal Pretrial Conference System Implementation Study And Perfection

Posted on:2017-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:F H GongFull Text:PDF
GTID:2296330485474024Subject:Law
Abstract/Summary:PDF Full Text Request
The clause is the official beginning of the criminal procedure pretrial conference system. And the following clauses, including the Supreme People’s Court Interpretation About the Criminal Procedure Law of PRC and the Supreme People’s Procuratorate Criminal Procedure Rules, made further regulations on the application of the pretrial conference. Since then, pretrial conference officially became a really feasible system from a scientific concept in our country. The new criminal procedure law and relevant explanation have been put into effect for almost three years. As the implementation of other new systems, the pretrial conference system was unsurprisingly faced with the two-side situation in practice. From the internship of the People’s Procuratorate, the writer also found some difficulties and problems of this system in practical. This paper makes inspection of the operation and practice of the system and put forward suggestions for the perfection of the system on the basis of the inspection.Besides the preface and appendix, this paper contains the following four parts:The first part is an overview of the criminal pretrial conference system. From the description of criminal pretrial conference system, the cause and effect of criminal pretrial conference system are given. And the paper names it with more appropriate value orientation and then analyzes the role it plays in the judicial practice.The second part is the overview and analysis of the related system abroad. This part gives the similar related systems of Japan, Germany and the United States respectively to evaluate the rationality of these systems. Drawing lessons from the beneficial experience, this paper aims to enrich and improve the criminal pretrial conference system of our country in reference for the next extraterritorial experience.The third part makes data statistics and analysis of the problems faced in the practice of the criminal pretrial conference through visiting survey and issuing questionnaires. Showing the result of the investigation directly in charts and diagrams,this part analyzes the problems existing in the current system of criminal pretrial conference and summarizes the causes of these problems combined with the theoretical principles. This part is of vital importance across the whole article.Through the analysis of the problem, we find out the crux existing in the current system of criminal pretrial conference. Only pinpointing problems accurately couldwe better improve the system.The fourth part puts forward the suggestions of the improvement of the criminal pretrial conference system. Firstly, this section discusses about how to improve the criminal pretrial conference system in our country combined with the suggestions from the judicial practice of legal staff. And then the corresponding countermeasures are given against the mistakes and disadvantages of the criminal pretrial conference of our country. Finally, this part puts forward the concrete suggestions of perfecting the pretrial conference in our country.
Keywords/Search Tags:The Pretrial Conference, Rationality, Criminal suit, Perfecting Suggestion
PDF Full Text Request
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