Research On The System Of Criminal Pretrial Conference In China

After the revision of the new criminal procedure law,the criminal pretrial conference system has been formally established in China,but there are still many problems and deficiencies in the legislative level and judicial application.Through the analysis of relevant legal texts and the practice department inspection found problems in the judicial practice,learn from foreign related system design domain of the pretrial procedure and combining with China's judicial practice,put forward the reasonable construction of China's criminal pretrial conference system scheme.The first part analyzes the background of the establishment of the pretrial conference system and the value of justice and efficiency.It also points out the function orientation of the pretrial meeting in the future,and points out the direction for the perfection of the pretrial conference system.At the same time,through the comparison and analysis of the pretrial conference,the pretrial review procedure and the pretrial preparation procedure,the author further highlights the unique value of the pretrial conference.The second part,through the study of the Anglo American law system and the continental law system in the representative countries of the criminal pretrial procedure,analysis of its function and the scope of the program to set the scope of the selection.Under the premise of fully taking into account the current situation of our country's judicial system,we should draw lessons from the scientific and reasonable system design,and further expand the function of the pretrial conference system.The third part introduces the legislative status quo and the problems and disputes in the judicial practice.First,analysis of the current relevant legal text specific legal provisions of the pretrial conference,pointed out that the lack of legislation existing;secondly,introduced the application in the pretrial conference system of judicial organs at this stage of the problem;finally,introduces the relevant disputes in academic and practical departments have considerable differences,through the theory of combing the parties find the root causes of differences,combined with China's judicial practice,to determine the reasonable scheme of system reform.In the fourth part,the author puts forward some reasonable measures to improve the system of pretrial conference in china.First,clear the court before the meeting presided over the personnel and the start-up mode;secondly,further reasonable expansion meeting before the court of the content and scope of the criminal reconciliation procedures,incidental civil lawsuit included,and the introduction of obsequies program so as to achieve diversion of cases;thirdly,reasonably determine the applicable scope of the case before the court session,necessity and guarantee the effectiveness of pretrial conference;finally,the proposal gives the court before the meeting of the results clarify the legal effect,avoid the waste of judicial resources caused by repeated treatment of the same problem.