The Research On Perfecting Pretrial Conference System In The Criminal Procedure Of China

In 2012, the pretrial conference system which is a new provision is written into the Criminal Procedure Law of China. The purpose of setting up such a conference is to improve judicial efficiency, keep fairness and controversy. As the core of the preparation procedures, pretrial conference make the parties including accusers, defendants, judges take part into the criminal proceedings more positive. On the other hand, pretrial conference has just been set up and some related rules and judicial interpretations are still abstract. So the function of pretrial conference have not be fully played in judicial practice.The pretrial conference system has been running for 3 years in judicial practice, some classic cases are arising. I combines the new Criminal Procedural Law and it’s judicial interpretation, takes methods such as explaining cases and comparing data, analyzes problems such as starting procedure is lack off, participants regulations are unclear, content is incompact, legal effect need to be enhanced, etc.With the degree of judicial civilization around the world is getting higher and higher, human rights protection is dropping more and more attention. Pretrial conference and some similar systems have been set up around the world. It is becoming a trend. However, the differences including national conditions, political backgrounds, history and cultures, ethnic customs, make the provisions of the pretrial conference diversiform. For example, the pretrial procedure is an enforced procedure in Britain, but it is according to application in the USA. The effectiveness of the pretrial conference is that it can solve specific problems. But the ways to solving those problems are not identical. Such as USA and Russia, the record of conference will be signed by people who take part of it in USA, and the record of the conference will restrain the people who signed. In Russia, pretrial conference can decide to hold a court, terminate the procedure and so on. But the aim of those systems is the same, protecting weak side and assisting normal judicial proceedings.Pretrial conference system is a necessary part of the procedure before a court. It is also a independent criminal prosecution stage. It has different value and function. Prefect the system of pretrial conference will greatly improve the efficiency of criminal proceedings, safeguard judicial justice and protect rights of the parties.How to perfect the criminal pretrial conference system is the most important part of this article. I analyze this system from different points, such as the beginning of pretrial conference, the emcee, the content, the effectiveness, the intendance, etc. According to judicial theory, pretrial conference is based on coordinating the litigation efficiency, justice and fairness, protecting the rights of parties. It will deal with the relationship between substantive problems and procedural problems. From the point of the design of this system, it has to solve problems like normalizing the start of it, delimiting the applicable scope, clearing attendees, refining the content of it, enhancing the legal validity of it, setting up evidence demonstration and evidence maintain system with Chinese characteristics. Perfecting pretrial conference system is a necessary part of the judicial revolution. It is also a problem of judicial practice after the new criminal procedure law, which is waiting to be solved.