A Study On Pretrial Conference System In Criminal Procedure

As a kind of pretrial procedure, the purpose of Criminal Pretrial Conference is set before the trial court to resolve procedural issues, to improve the quality and efficiency of the trial and to protect the rights of the accused. Based on the "Code of Criminal Procedure," "Judicial interpretation of the Criminal Procedure Law," "People's Procuratorate Rules of Criminal Procedure" and other regulations, and through the study of representative relevant provisions of Criminal Pretrial Conference of countries under Civil law and Common law system, this thesis is trying to analyze the problems associated with the trial procedures according to the basic research situation on Illegal Evidence Exclusion and other procedural issues rising in trials of different level court in B City of Guizhou Province from 2011 to 2014. This thesis will be divided into four parts to analyze the problems of solving trial cases through pretrial conference, and then put forward the necessity of a sound system of Criminal Pretrial Conference and some specific remedies.The first part puts forward and extends problems in Criminal Pretrial Conference such as poor protection of the accused, inefficiency of due process, irregular trial contents and lack of effective function according to cases of different- level court of city B of Guizhou Province from 2011 to 2014.The second part analyzes the causes of problems in terms of legal and judicial interpretation of the provisions of relevant judicial practice and ideas based on judicial practices. Specifically, there exist the following three reasons: the lack of understanding,imperfect legislation, and irrigorous enforcement. The interaction of these three reason result in the problem of Pretrial Conference in practice.The third part analyzes the similarities and differences between the civil law and common law on the principal legal systems and combined with China's criminal trial practice to explore the two system's affection on China's pretrial procedures. Specifically, both parties should be given the right apply to participate in the pretrial conference, function of pre-conference should be fully played, Pretrial Conference activities should be given clear legal effect.The fourth part, the thesis firstly analyzes the necessity of improving the Pretrial Conference through the study the function and benefit of improving the quality and efficiency of the trial. Secondly, the thesis proposes specific initiatives of improving Pretrial conferences of China, including refining the scope of pretrial conference, clarifying the content of pretrial conference, the prosecution and the defense rights of the parties to apply for starting pre-trialconference, giving both parties the right to participate in the Pretrial Conference, stipulating the host of pretrial conference, carrying out pretrial conference in public, giving legal effect to pretrial conference transcripts, and setting up appropriate sanctions and so force.