Research On The Criminal Pre-trial Conference System In China

The time for the system of pre-trial conference to the public could date back to March,2012,when the second amendment of the criminal procedure law was issued.The legislators hope this system could help the judge to understand the case clearly,underline the key point of the case,wipe the obstruction in procedure,thus aiming to expedite the official trial.As a new-born law,constrained by the little experience to borrow,in spite of the judicial explanation and regulation afterwards,its problem of empty content still exists.The current practice in different districts has been trying and exploring.How to function in reality lacks a universal standard.Therefore,a clear comprehend and understanding could decrease the adopters’ questions at certain extent.The initial intent of this system is to chase efficient in judicial,realize the just and fairness.Under this intent,criminal pretrial conference has the function of presenting proof,sorting out the disputes,clarifying in emergence level and protecting the lawsuit right,etc.As to the current criminal pretrial conference in our country,it has certain problems,such as being short of stringency in content,system location in arguments,too generalized adoption sphere,obscure relative subjects,difficulty in excluding unlawfully obtained evidence,and its impotent constraining force of agreement.So the author suggests legislators to confine the system to the pretrial procedure for proceeding problems,to exclude the concrete problems.And the thesis advises that whether the system should be adopted to some special cases or not,such as facile procedure case could be feasible,the case without pleader could not,and the case with defendant not pleading guilty must be adopted,etc.What’s more,the executors should be added,for example,procuratorial institutes’ right to advice,defenses’ right to apply,and the defendants’ right to be involved in.In the aspect of excluding the unlawfully obtained evidence,courts’ obligation to inform,the duty and standard to prove should be ascertained,which with the exact procedure to exclude and the effects procured in the criminal pretrial conference should be affirmed and protected by law force,in order to help subsequent official trial to proceed.And at the same time,the independent value of this procedure should be emphasized,and the quality and surveillance before criminal pre-trial conference ought to be strengthened,in order to serve the trial and the judicial reform in a better way.