On The Criminal Arranging Issues Procedure

The substantiation of court hearing is a systematic project,which needs to be implemented through a series of reform measures.And it's an important part of the substantiation of court hearing to arranging issues in the pretrial proceeding.It can clarify the focus of the trial,and make the trial around the prosecution and defense of both sides of the controversial facts and legal issues,to insure that the trial play a decisive role in deal with the prosecution and defense of both parties to the facts of the dispute and the law,make the substantive trial comes true.Many countries are concerned about arranging issues before the trial,which Japan set up a special procedure—pretrial arrangement proceeding.However,there is no formal pretrial arrange issues proceeding in China's criminal procedure legislation.It was not until February 17,2017,that the Supreme People' Court issued the “Opinions on the Implementation of the Reform of the Criminal Procedure System Focusing on the Trial”(referred to as the “Implementation Opinions”).The degree of rule of law in China's Criminal Procedure for Arranging issues is obviously insufficient.For this reason,the author discusses the necessity and feasibility of constructing the collating procedure in the criminal procedure of our country on the basis of the relevant system of foreign affairs,and puts forward relevant legislative suggestions.In addition to the introduction,this paper is divided into three parts,about 30,000 words.The first part researches about concept,characteristics,applicable background and the foreign samples.The issues in criminal proceedings is the focus of the debate between the two sides on the facts of the case,the law,the evidence and so on.Scientific proceeding for arranging issues is a preparatory activity,which should be carried on in the pretrial preparation process,under the direct of the court,by the prosecution and defender to sort out the facts of the case,the application of the law,and clarify the focus of the dispute,then the court confirms the determination.As part of the pretrial preparation activities,the characteristics of the proceeding for arranging issues are manifested as both opposing and co-operative.It requires both sides to oppose actively and have the right to dispose of the case.In the specific case,the applicable background should be that the defendant does not plead guilty and the case is disputed and needs to be tried by way of confrontation.Many countries are concerned about arranging issues before the trial,which Japan set up a special procedure—pretrial arrangement proceeding.However,there is no formal pretrial arrange issues proceeding in China's criminal procedure legislation.It was not until February 17,2017,that the Supreme People' Court issued the “Opinions on the Implementation of the Reform of the Criminal Procedure System Focusing on the Trial”(referred to as the “Implementation Opinions”).The degree of rule of law in China's Criminal Procedure for Arranging issues is obviously insufficient.For this reason,the author discusses the necessity and feasibility of constructing the collating procedure in the criminal procedure of our country on the basis of the relevant system of foreign affairs,and puts forward relevant legislative suggestions.In addition to the introduction,this paper is divided into three parts,about 30,000 words.The first part researches the concept,characteristics,applicable background and the foreign samples of the criminal arranging issues procedure.The issues in criminal proceedings is the focus of the debate between the two sides on the facts of the case,the law,the evidence and so on.Scientific proceeding for arranging issues is a preparatory activity,which should be carried on in the pretrial preparation process,under the direct of the court,by the prosecution and defender to sort out the facts of the case,the application of the law,and clarify the focus of the dispute,then the court confirms the determination.As part of the pretrial preparation activities,the characteristics of the proceeding for arranging issues are manifested as both opposing and co-operative.It requires both sides to oppose actively and have the right to dispose of the case.In the specific case,the applicable background should be that the defendant does not plead guilty and the case is disputed and needs to be tried by way of confrontation.Many countries are concerned about arranging issues before the trial,for example,Japan set up a special procedure—pretrial arrangement proceeding.The procedure is set up for the delay in the litigation,aimed at through the arrangement of the evidences,issues,to make the trial carried on concentrated and fast.It requires the prosecutor and the defense counsel to consult as much as possible.Its effective operation depends on the evidence disclosure system and the state election defender system.The second part discusses the necessity and feasibility of setting up the criminal arranging issues procedure.In our country,the reform of the substantiation of the court hearing is promoting actively,but not all cases should be tried through the substantive trial procedure.The substantive trials should focus on those major and difficult cases,because these cases are often interrupted without arranging issues in the pretrial procedure.Therefore,the reform of the substantiation of court hearing needs to arrange issues in the pretrial procedure.In practice,the court investigation,court debate and the collegial panel review and other aspects are nominal,hampered the role of the trial in identifying facts and adopting law seriously.And the establishment of criminal arranging issues procedure is of great significance for our country's criminal justice.We have some conditions for establishment of criminal arranging issues procedure.For example,with the optimization of judicial reform and the revision of the law,our country has set up the criminal pretrial conference to improve the efficiency and quality of the trial procedure,coupled with the confrontation between the prosecution and defense is reinforced,the defender's right of reading the case files and the obligations of disclosing specific evidence,the improvement of the legal aid system,the rule of identifying the authenticity of the evidence is increasingly perfect.All of these indicate that we have the initial feasibility of arranging issues.The third part discusses the idea of establishing criminal arranging issues procedure in our country.In view of the shortcomings of the criminal pretrial conference and the “Implementation Opinions”,in the judicial reform,our country should make the criminal pretrial conference as a platform to set up a criminal arranging issues procedure that adapt to the national conditions.For cases where the defendant does not plead guilty or plead guilty but does not agree to apply the summary procedure,under the direction of the judge,the prosecution and the defense shall through the exchange of evidence to clarify the issues about the facts and the law.The judge must record the issues and make notes,and the notes obtain legal effect after the both sides sign their names.And the judge should report to the court before the court investigation begin,so as to promote the prosecution and defense according to the issues to proof,cross-examination and debate,and the collegial panel according to the issues to make certification and evaluation.