On The Perfection Of The System Of Criminal Pretrial Conference In China

The criminal pretrial conference system refers to the conference presided over by judges and participated in jointly by the prosecution and the defense to comb through and solve procedural issues and some substantive issues for the case after the court decides to hear the case until the trial begins,which is designed to clear the way for the trial and ensure a centralized trial as a preparation process.The establishment of criminal pretrial conference system is to improve the efficiency of litigation,save judicial resources and ensure judicial justice.Unfortunately,due to the imperfect legislation of criminal pretrial conference system in China with the development and deepening of judicial practice,the legislative defects and practical drawbacks of the criminal pretrial conference system emerge in endless,which makes it difficult to realize the legislative value.This paper was based on the analysis of the theoretical basis and practical basis of the criminal pretrial conference system,and made comparative reference to the establishment of related foreign system to puts forward the improvement for the legislation of the criminal pretrial conference system in China,wishing to achieve the legislative value of the system.This paper consisted of four chapters except the preface and postscript,which all concentrated on the core of the criminal pretrial conference system.The preface explained the background of this paper.The first chapter was the analysis of the criminal pretrial conference system,including its concept and boundary,and its value and function.The second chapter described the historical evolution of the system with its defects and causes.It revealed legislation and practice problems for the criminal pretrial conference system in china on the basis of in-depth analysis of the system.The third chapter carried out the comparison and the investigation to the related foreign system.The representative countries from the civil law system and the common law system were taken as the analysis object to obtain the methods to improve the criminal pretrial conference system in China.The fourth chapter would explain in detail how to modify the criminal pretrial conference system in China.