Research On Independent Pretrial Conference System

The establishment of the pretrial conference system,which was added to China's 2012 Criminal Procedure Law,Article 182,paragraph 2,symbolized the trend of scientific and meticulous development of criminal procedure in China.However,the latest Criminal Procedure Law and relevant judicial interpretations are so stiff that the enforcement is not feasible in practice.These lead to a situation in judicial practice where pretrial conference has low popularity and provincial regulations are disorders.On February 21,2017,Supreme Court released Opinions on the Implementation of the Comprehensive Reform of the Criminal Procedure System Centered on the trial(Implementation Opinions).Despite Supreme Court's relatively detailed provision for Pretrial Conference and related issues,uncertainties in some aspects like effectiveness of the pretrial conference still exist.From the perspective of illegal evidence,this paper suggests that establishing an independent pretrial conference system which means confirming the effectiveness of the pretrial conference,building pretrial judge system?None of these two aspects can be dispensed with,because,if just confirming the effectiveness of the pretrial conference,it will not exclude the prejudgment of judge.On the contrary,if just building pretrial judge system,the pretrial conference system will no worth to exist.As a result,we will let the pretrial conference system achieve all its value and building pretrial judge system and discussing other aspects of the system on this basis,only if we affirm this two aspects.