The Judicial Practice And Perfection Of The System Of Criminal Pretrial Conference In China

Innovation in the newly revised criminal procedural law in 2012 joined the court before meeting system, it is a big improvement of procedure law in our country, the addition of the system was quite in the middle of the trial and prosecution of intermediate joined a program, changing the traditional direct transition from prosecution stage in our country to the trial stage of the litigation procedure, let the court trial measures appear more rich, legislative expect it to better reflect the value of justice and efficiency. But because it is the law promulgated, relatively rough fuzzy rules in some respects, therefore in the process of concrete operation will inevitably encounter some problems, such as low utilization rate in encountered in the practice operation, positioning is not clear, the operability is not strong, the program design is not perfect, the legal effect is not clear, such as more confusion, overall, in the aspect of legal norm, the court before the meeting to run the program design is too principle, so that in practice the system is still in the exploratory stage, not form a widely accepted and approved by the model, but all the system will be constantly revised and improved in practice, the purpose of this paper is to base on the existing laws and judicial interpretation, and draw lessons from the regulation of system of outside court before the meeting, according to our country's judicial practice operation system to explore the division before the meeting start conditions, run the program, the legal effect, in order to a accurately grasp the connotation of the system, thus promote the development and perfection of the system.This article USES the research method of combining comparative study and empirical research, through to the outside court before the illegal evidence exclusion process research, summarizes the similarities and differences among procedures before the court, and then analyze the enlightenment to our country. Reflect in the empirical research method, this article practice status of meeting in front of the court system in our country, region and other district court and procuratorate investigation and analysis.The text is divided into four parts. First part compared to the United States and other procedures before the court on the legal system is relatively developed countries are meeting system before the concept to clarify and narrative, before our country are meeting system, are introduced in order to understand this concept, will be meeting the relevant evidence and display, before are out of court investigation and comparing the pretrial procedure, this paper introduces the court before the meeting the necessity of the program set up in our country, and the value of meeting system before our country are analyzed.The second part of the combination of jiangsu, hefei district court and procuratorate are before meeting system research and practice from the aspects of objective practice and subjective view a detailed interpretation of the court system in our country since three years ago meeting progress, existing in the system under China's national conditions and the problems in the legislative level analysis of six aspects.The third part to improve the system of the meeting before our country are discussed, the necessity of the law from the world development trend, our country's judicial demand and a preliminary meeting system three aspects analyzes the potential of restricted, discusses the urgency of it is necessary to reform the system in our country are before meeting.The fourth part emphatically from the court before the meeting to inform procedure, start the program, review procedures, clear the scope of the criminal court before the meeting, efficacy and giving the parties the right to relief, a total of six aspects idea is perfect. Through the theoretical research and legislative study of are before the meeting, in combination with extraterritorial reach enlightenment to our country related system, as the application of further refine and improve the advice and make the court before the meeting to give full play to the due effect. Through gradual reform steps, strive to make our country court before meeting program play to achieve real cases, saving judicial resources, enhance the efficiency of the trial, eliminate prognosis, safeguard of justice expects to play function effectively.