Research On Protecting The Defendant's Rights In The Criminal Pretrial Conference

In order to change the phenomenon that the period of the criminal trial is too long and the trail is always get the interruption which are caused by the lack of the regulations of the procedure before the trial in the 1996's Criminal Procedure Law of the People's Republic of China,the legislature set up the Pretrial Conference in the 2012's Criminal Procedure Law of the People's Republic of China under the basis of reference to the foreign pretrial preparation procedure,pre-trial procedures and combined with our national conditions.Both the practical and the academic circle have given a highly expectation to the Pretrial Conference.Due to the insufficient regulations,pretrial conference still have some problems in the aspect of protecting the rights of the defendants.We should continue to improve itThis paper make a study of protecting the defendant's rights in the pretrial conference,with the method of literature research,empirical research,qualitative analysis and case study.This thesis is divided into five parts.The first part is about the current legislation and the procedure value of the Pretrial Conference.2012's Criminal Procedure Law of the People's Republic of China and The Interpretation of the Supreme People's Court on the application of the criminal procedure law of the People's Republic of China and the criminal law of the people's Procuratorate of the People's Republic of China(Trial)all have made regulations about the Pretrial Conference.The legislature set up the Pretrial Conference in our country is to reduce the phenomenon of the interruption in the trail and in order to conduct the trial rapidly,focused and effectively.The second part is about the Investigation of the practice of the Pretrial Conference.It is find that the application rate of the Pretrial Conference is too low as well as the Participation rate of the defendants.The Pretrial Conference dealing with the issues about some cases with no defendant there.And the author also have made the investigation of the Defendant's Rights in the Practice of the Pretrial Conference.The third part is the analysis on the reasons that the lack of the protection of the defendant's rights in the Pretrial Conference.The first is that it is the traditional Idea of taking more attention to controlling the crime Instead of protecting the right that influence it.The second reason is because the lack of the current law made the condition that defendant participated in the Pretrial Conference isn't a prerequisite.The third reason is because the current law doesn't give the judge the power to make a court decision with binding force.The fourth part is about the system improvement of the defendant's rights in the Pretrial Conference.We have to protect the full participation right and effective participation right of the defendants.Not only in the form but also achieve the defendant's real participation.We have to protect the defendant's right to counsel.Because the establishment of the Pretrial Conference is to resolve the procedure dispute most of which is involved of the professional legal matters.In order to achieve the protection of the defendant's right better,we must confirm that the attorney must present in the Pretrial Conference.We have to protect the right of the objection of the defendant,so we build the specific ways to offer the objection about the court decision of the Pretrial Conference.The fifth part is about the improvement of the Pretrial Conference based on the perspective of protection the defendant's rights.At first we should distinguish the Pretrial Conference and the trial legitimately.Not only preventing the appearance of the matter that should be resolved in the Pretrial Conference is lasted resolved in the trial which can avianize the function of the Pretrial Conference,but also preventing the appearance of the trial's task was resolved in the Pretrial Conference.This can make the trial avianized.Then,we should expanding the scope of the cases applied in the Pretrial Conference.When the defendant applies for the removal or alteration of coercive measures and the defendant applies for the incidental civil litigation mediation need to start the Pretrial Conference,they can start the Pretrial Conference.Last,we should give the judge the power to make a court decision with binding force which can avoid the Pretrial Conference get avianized.