A Research On The Efficiency Of Pretrial Conference System In Criminal Procedure

The Article 128 of the “Criminal Procedure Law of the People's Republic of China” implemented in 2013 added the pretrial conference system.In accordance with relevant regulations in Paragraph 2 of Article 182 of the Criminal Procedure Law,to hear comments and know the situation before trial which may affect the justice of the trial will help the judge determine the trial key,improve the trial efficiency,and ensure the trial quality.With the continuous reform and improvement of the criminal procedure,the status of the trial procedure is increasing.The criminal trial procedure which focuses on the trial has become the top priority of the reform of criminal procedure and the key elements in the criminal procedure work evaluation.In practice,in order to enhance the feasibility of the pretrial conference,parts of the local judicial departments also made the corresponding action to formulate the implementing rules or the trial rules of the pretrial conference in criminal procedure.In theoretical field,the pretrial conference system in criminal procedure has become the research hotspot.The scholars raise issues in many aspects and form the unique insights.The pretrial conference in criminal procedure has become the concerned focus and raised widely discussion when it first appeared,the reason for which is its necessity and reality.The pretrial conference in criminal procedure plays an obvious significant role in improving the trial efficiency and functioning the trial.How to implement trial central role has become a common subject of the law.There is no doubt that the pretrial conference system in criminal procedure will play a major role in it.I follow the project team called “The Study of Pretrial Conference System in Criminal Procedure” of the China University of Political Science and Law Procedural Law Research Institute to conduct field investigations on 12 related judicial organs in Beijing,Yancheng and Wuxi.From the perspective of the court,the paper selects the associated data of five area related courts' pretrial conference to make analysis and comparisons,so as to do a series of observations and discussions of the system.On the basis of practice data combined with the literature analysis,the paper is intended to design and verify the effectiveness of the system and the implementing detailed rules,thus to put forward advice on improving the pretrial conference system in criminal procedure and promoting the lawsuit system reform focusing on trial.This paper is divided into four parts: the first chapter is the overview of our country pretrial conference system in criminal procedure.It introduces the theoretical background and practical significance of the system and it combines with the present legislation to discuss the effectiveness of the pretrial conference system in criminal procedure.Then it concludes the main effectiveness of the pretrial conference system are guaranteeing the concentration of trial,improving the efficiency of lawsuit and strengthening the procedural justice.The second chapter analyzes the implementation of the pretrial conference from the perspective of practical investigation.Based on the related data of the pretrial conference in criminal procedure held by two level's investigation courts of five places,it makes analysis on the general application situation of the pretrial conference& the specific application procedure of the pretrial conference in criminal procedure.In the third chapter,after a series of analysis about the current implementation situation of the pretrial conference,it further discusses the current problems existing in the judicial practice and the pretrial conference system obstacles which mainly focuses on the low system application,the non-standard system implementation procedures and the non-clear effectiveness.Finally,through deep analysis on the existing problems,it explores the pretrial conference development direction to find the solution routes.First,the pretrial conference system should be improved.Second,the related supporting systems should be established,including the defendants rights security system and the Evidence Discovery System.All the supporting systems mentioned above will offer protection for the pretrial conference an orderly development.