The Empirical Study On Criminal Pretrial Conference From The Perspective Of Defense

In order to ensure the smooth conduct of the trial activities and improve the efficiency of criminal trial,the Criminal Procedure Law of 2012,Article 182,paragraph 2,the addition of criminal pre-court proceedings.Although the two high judicial interpretations have further elaborated on the structure of the procedure,the provisions of the existing legal norms on the pre-criminal meetings are still significant,and the scholars concerned have been involved in the construction of the criminal court proceedings Improve the study.However,at present,the study of the pre-criminal conference in the academic community mainly stays at the theoretical level,and in this small number from the empirical point of view of the criminal court meeting related research,from the perspective of prosecution and trial analysis of their But only from the perspective of defense to the criminal court before the meeting of empirical research rarely involved.At the same time,the new criminal lawsuits embodies the importance of the concept of human rights protection,which requires that the criminal proceedings should not be ignored in the defense of the defendant's rights and interests.Based on this,this article just from the perspective of defense of the criminal court before the meeting to conduct empirical research.In addition to the introduction and conclusion,the text is divided into four parts;In the first part,the defense applies the basic legal framework of the criminal pre-session meeting.Through the investigation and analysis of the legislative provisions on the application of the criminal pre-trial meetings of the existing legal norms,the paper summarizes the respective aspects of the defense from the defense application for the start of the pre-session meeting,participation in the pre-session meeting and the binding effect of the defense The scope of application is limited to the exclusion of illegal evidence,the application time is limited to a copy of the court served a copy of the indictment before the trial,the application was adopted before the trial,the application of the court to apply for the right to apply for the pre-trial meeting is not clear,The court has enjoyed a great deal of discretion;the level of participation of the defense in the pre-session meeting,the extent to which the defendant was held in custody,and the area in which the defense participated in the settlement were ambiguous;The effectiveness of the former meeting and the right of relief are not clear.In the second part,the defense applies the status of the implementation of the criminal pre-trial meeting.Through the analysis of the pre-trial meetings of the 16 court and procuratorates,as well as interviews with judges,prosecutors and defense counsel in the three areas studied,the defense of the pre-trial meeting of the criminal court,Start,run,the effectiveness of three aspects of inspection.First,by examining the application of the presidential conference before the defense,it was found that the majority of the courts in the research court explicitly gave the defense the right to apply,while in a few courts it was not clearly regulated and,at the same time,The time and scope of the meeting were not uniform,but most of the courts in the research court expanded the scope of application of the defense to start the pre-session meeting;again,by examining the operation of the defense in the pre-session meeting,It was found that the participation of counsel in the pre-session meeting was very high,the participation of the defendant was not uniform,and the participation rate of the defendant was very low.The place of the pre-court meeting was basically in court and the defense participated in the pre-court meeting,There is a lot of controversy in the settlement of the matter.Finally,by considering the binding effect of the pre-court meeting on the defense,it is found that the practice is not uniform and the implementation is of poor results and so on.In the third part,the defense applies the problems in the criminal pre-session.Through the analysis of the status quo of the research and implementation,summed up the defense in the application to start,participate in pre-court meetings and the effectiveness of the application of the three sessions before the existence of the problems.First of all,in the defense application to start the pre-session meeting of the problems,including the defense to apply for the start of the pre-trial meeting is relatively low,the defense application to start the pre-court meeting time broke the legal norms;again,The problems in the pre-session meeting mainly included the convening of the pre-session meetings to a large extent dependent on the presence of the defenders,the low level of participation of the defendants in the pre-session meetings,and the disagreement of the defense of the pre-session meetings;Finally,there was a problem of inconsistency and lack of restraint in the effectiveness of the pre-court meeting in the defense.The fourth part,from the perspective of defense to improve the criminal court before the proceedings.This paper puts forward some suggestions on the improvement of the pre-criminal conference from the perspective of defense,in view of the experiences and shortcomings of the pre-trial meeting and the reasons behind the pre-trial meeting.First of all,from the perspective of defense to improve the pre-conference meeting on the issue,including clearly to the defense to apply for the pre-court meeting of the right to sue,reasonable to regulate the time to apply for the pre-court meeting,the appropriate expansion of the defense application The scope of application of the former meeting;again,from the perspective of defense to improve the operation of the pre-conference deficiencies,including tostrengthen the criminal legal aid package in the pre-session meetin and clarify the right of the accused to participate in the pre-session meeting and the flexibility to regulate the defendant was detained before the meeting place and form of a reasonable definition of the defense to apply for pre-court meetingand g.Finally,the limitation of the effectiveness of the pre-session meeting from the perspective of defense mainly includes the need to give the pre-session meeting the procedural matters The validity of the exclusion of illegal evidence should be given in the pre-court meeting only with the application of the binding force.