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The Study Of Pretrial Conference In Chinese Criminal Procedure

Posted on:2018-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:S C YangFull Text:PDF
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In 2012,Chinese Criminal Procedure Law added Pretrial Conference System for connecting prosecution and judgment.It aimed at filtering some procedural issues which may impede the conduct of the trial,and analyzing some of substantive issues involved in the cases.It can ensure a smooth trial and improve the efficiency of trial.Undoubtedly,It plays an important role in the communication of our country's judicial trial.A new thing should go through the test of practice to satisfy the demand of the society.There is no exception,the establishment of Chinese Criminal Pretrial Conference System has to go through the judicial practice.This new system attracts the attention of the academic and the practical,and many people discuss about its operation passionately.Because it is fresh,it just has the principles of the framework provisions.Some specific details are not ruled by justice explanations from Supreme People's Court and the Supreme People's Protectorate.This makes the operation of the system in judicial practice is greatly reduced.How to operate a pretrial conference is becoming a hot topic which discussed by the academic.There are many different view about this system.In turn,the theory has affected the realization of the expected function about the pretrial conference.According to the theory and judicial practice of criminal pretrial conference in china,this article will make some proposal to perfect our country's pretrial conference system by observing the extraterritorial criminal pretrial conference system and extracting advantages of extraterritorial.So that the criminal pretrial conference system in our country can meet the actual conditions and play its due role.For more precise purpose of perfecting the system of criminal pretrial conference,the author make some suggestion on the improvement of the system of criminal pretrial based on the studying of pretrial conference system value and relevant foreign systems.It contains the following 4 parts: the first part is the summary of criminal pretrial conference system.This part mainly states the concept and its basic value.It also discourses its functions,it contains distributing cases,filtering evidences,and arranging focuses of controversies.The second part is extraterritorial system review.This chapter compares the relevant systems of the United States,Britain,Japan,Germany and France from two aspects: the basic system and the procedural content.Summarizing the extraterritorial pretrial conference system's advantages and disadvantages,and concluding the enlightenment of the pretrial conference system to our country;The third part is to analyzes problems in criminal pretrial conference system of our country,and combing main problems;The forth part is the most important part,firstly it states how to perfect our country's system.It contains that clearing the chairing subject of pretrial conference and legal validity,Optimizing the mechanism of eliminating illegal evidence,expanding the right to participation of the defendant.And Supporting process contains Evidence display procedures and and supervision-relief mechanism.
Keywords/Search Tags:pretrial preparation procedures, pretrial conference, Function, Current situation, Suggestion
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