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A Research On The Chinese Criminal Pretrial Conference System

Posted on:2018-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:L L LiFull Text:PDF
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In March 2012,the National People's Congress,revised the criminal procedure law of our country,and introduced the amendment.Along with the new amendment,pretrial conference system is built in the procedure law of our country.This pretrial conference system which is built on the basis of china's actual situation and draw lessons from foreign successful experience,is a system with chinese characteristics,and is also a highlight of our country's criminal procedure law.Then,the Supreme Court,made explanations of the system in the interpretation of criminal procedure law,in order to facilitate the system applied in the judicial practice.In the beginning of establishing this system,it got the attention of legal professionals,and each district court have also apply to the system in the judicial practice.Using the system have a certain positive effect in improving the efficiency of lawsuit and saving judicial resources.Since the beginning of its establishment,the system have been implemented in our country more than four years.The problems of the system are gradually exposed,with its applying in the judicial practice.The author also have a comprehensive understanding of the problems which has been exposed,by reviewing relative data and talking with person who is engaged in the front-line investigators.By studying,the author found that the system has the following problems,such as the applicable rate is low,the applicable scope of cases of uncertainty,lack of supervision,etc.In order to be able to more comprehensive exploration of the pretrial conference system.The author intend to introduce the system from four aspects.The first part:the author give an the overview of the pretrial conference system,from the concept,the characteristics and function of pretrial conference system.The pretrial conference system provides a platform for information exchange before the trial,it is helpful to realize the equality of the right of the prosecution,and may prevent the asymmetry of the information from affecting the balance of litigation,and then to influence the fairness of the proceedings.The second part:the author introduces the legislative status quo of the system in china's current legal system.Before the court session,the judges may summon the public prosecutor,the parties,the defenders,and the agent ad litem,to be aware of the issues concerning avoidance,the list of witnesses,and the exclusion of illegal evidence,this is a summary of the pretrial conference system of the criminal procedure law in china,article 183 and article 183 of the supreme people's court interpretation of the criminal procedure law of the people's republic of china has made relatively specific provisions,as can be seen from these rules,issues such as jurisdiction,avoidance,evidence,witnesses in court,expert witnesses,lists of persons with special knowledge,etc can be discuss,and to understand the situation of the prosecution and the defense,and listen to opinions;and it can also mediate the incidental civil action of the case.There is no specific provision about the problem that some issues can be solve when pretrial conference system is hold.,it is just that you can "know the situation and listen to it."The third part:the author introduce the problems of china's pretrial conference system existed and analyze the causes of these problems from ideas and legislative aspects.This paper introduces the existing problems in terms of low applicable rate,inconsistent application scope,unclear effectiveness,lack of supervision,etc,for a right or a system,if there is no mechanism for monitoring or restricting it,then there is the possibility of abuse,and the pretrial conference system has no corresponding legislation to supervise it.Because of the principle of the legal provisions of this system and influenced by the traditional judicial concept of heavy substance and light procedure judicial officers may maintain a wait-and-see attitude towards the application of the system when they deal with the case,resulting in the application of the system failed to meet the intended effect.The fourth part:the author puts forward some opinions and suggestions from the perspective of change of thought and legislation.In order to make the conference system widely applicable,we need to make the judicial personnel of the courts and procuratorates departments study the pretrial conference system comprehensive and in-depth,and recognizing the system correctly,in order to be able to accurately apply the system.And we also need to change lawyer's thought in order to make them active when acting as a defender,maintaining the authority of the law,promoting the operation of the relevant legal procedures and contributing to the implementation of the law in our country.In the aspect of legislation,this paper makes a detailed discussion on the applicable scope of the case,and clarifying the legal effect of the pretrial conference system,and strengthening the supervision of the pretrial conference system.In terms of legal effectiveness,the author believes that the pretrial conference should have procedural timeliness and binding effect on the trial,that is to say,when the prosecution and the defense hold that pretrial conference is necessary,the application shall be made within the prescribed time limit;and it should be made clear that when the pretrial conference is held,the accused and the accused may agree on certain issues and that the agreement is binding in subsequent trials.The author do her best to put forward some useful opinion to make the system more perfect,but the advice and suggestions maybe exist deficiencies,which is restricted by the author's knowledge and ability.Experts and scholars,please comment.
Keywords/Search Tags:Pretrial conference, The status quo, The problem, Perfect suggestion
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