The Investigation On The Applied Conditions Of The Pretrial Conference In Criminal Procedure

The criminal procedural law of 2012 creats the pretrial conference in criminal procedure.This procedure is an implanted intermediate procedure, which broke the direct transition from sue to trial in the procedure of criminal trial. Eliminating illegal evidence,discovery, resolving procedural problems before the court and organizing entity focus continuously explore and improve in this pre-trial platform. However, as a new system, the running of system of the program is not smooth.Based on courts of city J, province G, the author investigated the conditions of pretrial conference on January 1, 2013 to August 31, 2015. In addition to the introduction and ending, this article is divided into four parts.The first part, which are overview of pretrial conference in criminal procedure. This part introduces the purpose of this research, the concept of pretrial conference in criminal procedure and legal meaning of this procedure.The second part, which are applied conditions of the pretrial conference in criminal procedure. This part mainly discuss the pretrial conference from the overall situation and program operation.Investigating on the proportion of pretrial conference from overall situation; investigating on starting, types of cases, reasons and proportion, participants, results of process.The third part, through the analysis of the applied conditions of pretrial conference, summarizing problems and reasons of pretrial conference. Including five aspects : first, the starting of this program is single mode; Second, the apply rate of pretrial conference in criminal procedure is low; Third, the defendant and the members of the collegiate panel lack of participation; Fourth, lack of illegal evidence exclusion way; Fifth, the way of trial and legal effect is unknown.The fourth part, the improvement of pretrial conference in criminal procedure. through the analysis of reasons of problems,the author makes following suggestions : first, perfecting the way of starting of pretrial conference in criminal procedure; Second, expanding moderately of pretrial conference — introduction of legal aid system; Third, to ensure the meeting participants of pretrial conference; Fourth, making clear regulations of the way of excluding illegal evidence; Fifth, making clear regulations of trial mode and legal effect.