The Function Of Criminal Pretrial Conference And Its Realization

The Criminal Procedure Law revised in 2012 has established the criminal pretrial procedure in China for the first time,its original intention was to serve the court,to solve the problems related to the trial,to clarify the thinking of the trial,and to consolidate the leading position of the trial in criminal proceedings.However,the former system of criminal court was established in our country for the first time,The design of the system is too brief,This leads to the relationship between the pretrial meeting and the court trial,which causes many problems in practice.The formalization of the pretrial meeting is inefficient,for example,the pretrial meeting has no binding force on the resolution of certain procedural matters,and the trial has repeatedly mentioned that the trial efficiency is low."The essence of the pretrial conference","transgression" function of the court,such as the pretrial conference in cross examination,weaken the function of the court.The above phenomenon is not conducive to the realization of the independent value of the pretrial meeting and the smooth conduct of the trial.The surface cause of the above phenomenon is the general design of legislation.The deep reason is the uncertainty of the function of the pretrial meeting and the lack of the idea of "trial centralism",The key reason is the uncertainty of the function of the pretrial meeting.This paper starts with the function of the pretrial meeting,and deeply explores the system function of the pretrial meeting of the criminal court,so as to balance the relation between the pretrial meeting and the court trial.The principle of centralized trial is the theoretical basis of the function of court meetings,The principle of centralized trial is also called the principle of uninterrupted trial,It refers to the court hearing cases,should not change the trial personnel under the conditions of continuous,shall not interrupt the trial principle of action.The principle of centralized trial is the basic requirement of the principle of direct verbal communication and the principle of debate,Its status is higher than the general trial principle,The principle of centralized trial calls for the function ofdispersing and dredging up matters in court trials before court meetings,Also,the pretrial meeting is located in the pretrial procedure.It request the pretrial meeting to solve the matters in court trial as wide as possible.But the pretrial preparation procedures and properties of meeting its limited issues,does not jeopardize the trial.According to the principle of centralized hearing,the four functions of the pretrial session are as follows.Function 1 is to clear the trial contest point,clear the trial ideas.In order to prevent pretrial meetings,functions are substituted for trial.The principle of centralized trial calls for the limitation of dispute arrangement.When sorting out the evidence,we should pay attention to the scope,degree and procedure of the collation of evidence.The extent of the collation of evidence is the core,and the collation of evidence is different from the cross examination.The prosecution and the defense shall only raise any objection to the evidence presented by the other party,not to make any comment.Function 2 is to solve procedural problems and clear obstacles for trial.The principle of centralized hearing requires that the pretrial meeting be as possible and comprehensive as possible in resolving procedural issues.When resolving procedural problems,we should be careful about the elimination of illegal evidence,at the present stage,when the court has ruled out the illegal evidence procedure,it can insist on the model of excluding illegal evidence before the court,and affirm the effectiveness of the "non-exclusion" of the prosecution and the defense.Function 3 is procedural diversion,improve the efficiency of court trial.According to the needs of the system of confession and punishment,the pretrial meeting can serve as a platform for deciding whether to apply the summary procedure,thereby improving the efficiency of the proceedings and promoting uninterrupted hearing in the trial.Function 4 is to provide information exchange platform to achieve equal prosecution and armed forces.This function,to a certain extent,prevents the evidence "raid" and protects the rights of the defense and the accused.It also provides evidence that the prosecution knows the three evidence that the accused man is innocent or guilty.Promoted the confrontation between prosecution and defense.However,the limited protection of the defendant's rights leads to the limitation of the confrontation between the prosecution and the defense.In this case,the right of the defendant to participate inthe pre court meeting can be strengthened through legislation to strengthen this function.