The Practice Investigation And Improvement Of Our Country’s Pretrial Conference

In March 2012, the second amendment of the criminal procedure law of our country was promulgated. With the criminal procedure(Amendment),there is also the introduction of the criminal pretrial conference system, which is a reference to foreign experience and based on China’s national conditions, a criminal system with Chinese characteristics. Subsequently, the Supreme People’s Court on the judicial interpretation of the criminal procedure law also explained the application of the system. So far, the system has been implemented in China for more than three years.what exactly the effect of it?What is the operation of the system in the practice of criminal justice in our country ?What problems exist?With these questions, Let us look our practice situation. using the spare time to access information, using of vacation time to the judiciary investigation, using the opportunity to practice in the law firm, The author make a thorough research on the application of the former conference in practice in this regard, involving Beijing, Shanghai, Taiyuan, Chongqing, Lanzhou and other places. The survey involved, both economically developed of the Beijing Shanghai first tier cities, but also the economic backwardness of the western provincial capital city, with a certain degree of representation.After investigation and comparative analysis, The author found that present our country’s pretrial conference system has the function of information exchange, prevention of litigation raid, exclusion of illegal evidence, and sorting out the dispute focus of the case. But also because of the relatively simple provisions of the provisions of the law, the lack of practical experience and other reasons,There are some problems in practice,as low application rate,start mode is single,the defender is not active or has less power of speech,part of the criminal pretrial conference become a mere formality,notification is not formal,a site is relatively single,moderator is not clear,participation is not clear,in particular, whether the defendant must participate in is not clear,the content of the pretrial conference is not clear,the effectiveness of the pretrial conference is not clear,lack of supervision and relief procedures,etc.The author attempt to through my own investigation and thinking, for the improvement of current our country criminal pretrial conference system, put forward some suggestions and opinions and advice from the experts and scholars.