Research On Criminal Pretrial Conference System

Pretrial conference is one separate program of the criminal suit which gathering people to find out the facts and evidences, hearing the advices from the both parties, arranging the points of contentions and preparing for the trial activities. Although the pretrial conference is not the necessary procedure of the trial activitiesit steal play an effective role in improving trial efficience, achieving litigation justice and protection of human rights. Nowadays constitutionality countries had already established pretrial conference system. In the beginning of this century, the pretrial conference system has cause for concern of researchers in our country, after the study of more ten years, our newly revised Code of criminal procedure in March 2012 finally established pretrial conference system, and in order to increase the effectiveness, the subsequent introduction of the "Supreme People's Court on the application of People's Republic of China Criminal Procedure Law explanation" and "People's Procuratorate Rules of Criminal Procedure(Trial)" have made further refinement about appliance of pretrial conference system. However, since the newly revised Code of criminal procedure had been implemented for two years, the pretrial conference had unveiled many questions, such as the purpose is not clear, the scope is narrow etc which influence the functions of the pretrial conference system. For the above reasons, the author analyze the questions exist in the practice from the characteristical and the function of the pretrial conference system, and put forward the advices to provide the oretical references for improving the pretrial conference system.In addition to the introduction, there are four sections in the text:The description and presentation about the concept of pretrial conference system is explored in the first part. It defines the pretrial conference system from three parts which contains concept definition, theoretical origin and function, in order to(aims to) make us have a more comprehensive and profound understanding about pretrial conference system.The legislation, procedure and the application of pretrial conference system in foreign counties is discussed in the second part. This part of the essay introduces the legislative overview of the system in different countries of Anglo-American and Civil Law two legal system, and then helps a better understanding of both the two system countries of the concrete regulation of pretrial conference system, such as United Kingdom, America, France, Germany and Japan and so on. We should absorb the lessons and experience in the system of other countries by comparison. Furthermore, it can provide necessary experience for improving the pretrial conference system of our country.The third part introduces the operation status and the problems since the system has been developed and implemented. We should analyze and summarize the problems and the difficulties in the practice through combining the judicial practice of the criminal trail at the same time, and sum up the lessons in the practice.The author put forward imaginations of perfecting the pretrial conference system against the problems of the laws by combining the practice in the fourth part. In four sections of(The authors sets forth this system from the following four parts:) broadening the range of the use of the system, enriching the functions of the system, making the programs of the system perfect and defining the effect of the system. The author proposes the ideas in order to provide opinions to make the system perfect.