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Study On The Criminal Pretrial Preparation Procedure

Posted on:2018-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y CaiFull Text:PDF
GTID:2346330515469884Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years,the trial is seen as a central part of the criminal lawsuit activity due to the reform of “centering on the trial”.Because of the importance of trial,now many scholars concentrate on how to improve the quality of the trial and make the trial process substantialized.As pretrial preparation procedure is the starting point of the trial activities,it should be given full attention.Modifying the criminal procedure law in 2012 in our country has established the system of pretrial conference.In 2017,the Supreme People's Court issued <Opinions on promoting the reform of criminal procedure system centered on system on trial>,which has perfected the system of pretrial conference,and has also established the simplified shunt mechanism before the court,making the pretrial preparation procedure to be established.Well,in order to reach the goal of “trial centered”,establish fair and effective criminal prosecution trial mechanism,we should have a deeper study on pretrial preparation procedure.Pretrial preparation procedure in our country is different from criminal pretrial procedure and criminal pre-trial procedure,it refers to an independent program which will be held by judges after the prosecutor sending the case to the court--before the first trial.The pretrial preparation procedure in our country is different from other countries'.According to the whole world,the modes of pretrial preparation procedure can be divided into the inquisitorial system mode,adversary system mode and mixed mode.Although different countries have patterns varies,the function of pretrial preparation procedure is mainly to deal with the problems of evidence,clear point at the case,resolve procedural disputes,reach the goal of judicial diversion,and finish the preparatory works.Studying on pretrial preparation procedure in other countries can help us find some ways that we can learn to construct and complete the pretrial preparation procedure in our country.Due to the imperfection of the pretrial conference,the lack of function to achieve the goal of judicial diversion,the incomplete evidence open system,the lack of the function to sort out issues,the limited power to solve procedural disputes and the insufficient participation of accuser and defender make it impossible to reach the goal of “centering on the trial”.So in order to perfect pretrial preparation procedure in our country,we need to take some measures.In view of the problems existing in the pretrial preparation procedure in our country,I put forward some suggestions at this stage and future reforms.At this stage,the goal is to perfect the system of pretrial conference.It includes the perfection of the body of the court,the setup of pretrial conference and the ranges of pretrial conference to solve procedural disputes.And clearing the potency of pretrial conference is also important.In the future,we will build a complete pretrial preparation procedure.In order to reach the goal,we should perfect evidence open system,add the case sorting function into the pretrial preparation procedure,improve the mechanism of judicial diversion and integration the preparatory work,etc.
Keywords/Search Tags:pretrial preparation procedure, function, problems, perfection
PDF Full Text Request
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