An Empirical Study On The Procedure Of Criminal Pretrial Meeting

The establishment of criminal pretrial conference system in China is an important measure of judicial procedure reform,and it is also an optimal allocation of the exercise of judicial power.The procedure of criminal pretrial procedure is to solve the procedural disputes before the trial procedure,to safeguard the procedural rights of the accused and their defenders,and to prepare for the trial activities.Thus,it provides a platform to ensure that the trial activities focus on the defendant's conviction and sentencing.As a conference procedure,It can be equipped with different procedures to play different functions.Because the law of our country does not have the explicit stipulation to the procedure of the criminal pretrial procedure,the relationship between the criminal pretrial procedure and other criminal procedure is confused,especially in the cross of thefunctional settings and other procedures.In the specific application of criminal pretrial procedure,there will be some problems in the process of dealing with substantive disputes instead of trial procedure.If so,it is difficult to set up the procedure of criminal pretrial meeting,to ensure that the trial procedure is centralized and efficient.This paper investigates and analyzes the relevant provisions of China's laws and the similar procedures in foreign countries,and definite the property of the pretrial procedure in China.On this basis,we make clear the funcions that the procedure of criminal pretrial conference should have in our country.At the same time,it analyzes the problems of the system construction and operation of the criminal pretrial conference in China,and tries to put forward some suggestions to solve these problems and make the criminal pretrial procedure in our country play a real role,thus to realize the justice and efficiency of criminal procedure.In addition to the introduction and conclusion,this paper is divided into three parts:Part1:The theoretical definition of criminal pretrial meeting.First,clarify the nature of criminal pretrial procedure.Through the analysis of the relevant laws and regulations of China and the similar procedures abroad,it is clear that the pretrial procedure of the criminal pretrial procedure belongs to the pretrial preparation procedure.And with the trial of ancillary matters,procedures for consultation,the exclusion of illegal evidence hearing.At the same time,clear and definite the relationship among the pretrial procedure,the pretrial procedure and the trial procedure,thus to avoid the overlap of function andthe change of the mandatory measures and the change of the charges and charges shall be excluded from the criminal pretrial procedure.Secondly,On the basis of defining the property of criminal pretrial procedure,determine the function of the program.It mainly includes the trial auxiliary function,the illegal evidence exclusion function and the case classification function.Part2:The analysis of the problems in the construction and operation of criminal pretrial conference system.First,based on the analysis of China's criminal procedure law and the two high judicial interpretation,the paper summarizes the three methods of local application and summarizes the basic situation and problems of the criminal pretrial conference system in our country.Secondly,based on the investigation and analysis of the application of the criminal pretrial procedure in a grass-roots court,this paper analyzes the problems in the process of the specific operation.And it summarizes three outstanding problems in China's criminal pretrial meeting:It is difficult to avoid pretrial prejudge,the defendant's main status is difficult to protect,and the due functions are difficult to play.These problems not only make it difficult to exert the function of the pretrial procedure in our country,but also make it difficult to realize the procedure of criminal pretrial procedure.Through the analysis of the causes of the above problems,summed up for the functional settings,program design.Part3:The suggestions for the improvement of the criminal pretrial conference system in China.According to the previous summary of the reasons for the problem,this part will start from three aspects:the function setting,the program design.In the function setting,we should establish the criminal pretrial conference program cases,but also eliminate the funcions belonging to the criminal pretrial conference program,and restrict strictly on legislation through reverse regulations.In the program design,it is necessary to protect the defendant's main body status,give it the right to apply for the right to start the proceedings before the meeting and the right to choose the procedure,and arrange the presiding judge reaonably.In the effectiveness of the results,weshould be made clear what result the procedure of criminal pretrial meeting should produce,and what effece it should have.