The System Of Meeting Before The Prosecution:Principle,Function And System Construction

After the revision of the Criminal Procedure Law and the new round of judicial reform,the pressure of the procuratorate suddenly increased,so they need to explore new working mechanisms to deal with the prosecution tasks.In some places,the grassroots procuratorate has begun to explore the system of Meeting before the prosecution.Meeting before the prosecution refers to the fact that the procuratorate convenes Investigative authorities,parties,their defenders and litigation agents to communicate and communicate on the basis of certain matters such as the legality and comprehensiveness of the evidence before deciding to prosecute the criminal case.To reach an opinion on related issues of recognizing and handling a mechanism for make a decision of prosecution.The legal basis of the meeting before the prosecution is the objective obligation of the procurator,the participation of the main body of the procedure,the theory of balance of prosecution and defense and the theory of procedural benefit value.The system of meeting before the prosecution as a "product" of the litigation reform of the review and make a decision of prosecution,has the functions of building a good relationship of prosecution and defense,Strengthen the supervision and control of public power,improving the efficiency of litigation and safeguarding the legitimate rights and interests of the parties.In the course of practical operation,it is necessary to prevent the function of the system of meeting before the prosecution from being alienated;Due to lack of judicial resources,the scope of application of the meeting before the prosecution has to be reasonably limited;it is necessary to clarify the discussion content of the meeting before the prosecution and the specific program design,and the decision of the meeting before the prosecution must have effect.