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Research On The Criminal Pretrial Conference System

Posted on:2017-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2346330566956397Subject:Procedural law
Abstract/Summary:PDF Full Text Request
Pretrial conference system in China's Criminal Procedure Law,as a new system is the focus of the content of pretrial proceedings,many experts and scholars in accordance with the actual operation of this system,and published a lot of research.In practice,the criminal trial Pretrial conference system helps improve efficiency and ensure the quality of the trial,Protect the quality of the trial,but also Pretrial conference system bear diversion cases to determine the focus of controversy and eliminating illegal evidence of equal value,thus speeding up the trial process has a significance.Since the Criminal Pretrial conference system is the 2012 revised "Code of Criminal Procedure," added a new element,But in concrete practical results,we found that this system will inevitably,the law is too simple,is not conducive to the ambiguous content applicable judicial procedures,e;Code of Criminal Procedure did not give the force of law determined by the court,for the effectiveness of its decisions yet to be assessed,to limit the program functioning;participating in the main criminal pretrial conference prescribed in statute is not clear,and staff to attend the trial and can not be completely ruled out pre-trial Protect predict,is not conducive to procedural fairness;criminal Pretrial conference will not be able to exclude illegal evidence,contrary to litigation the rules.From the judicial practice,however,although the judiciary throughout the country are trying to apply to pre-trial conference system,but the relevant provisions of the implementation details related to regions or interim provisions have different content,while the presence of the low rate applicable in the implementation process,higher recognition system is not the case,the defendant and counsel agents to participate in pre-trial proceedings of the Conference are not enthusiastic;in practice because the use of pre-trial conference system has led to shorten court time will make people feel the first set back of the suspects,flow in the performance of the trial.So for the establishment of the system of pre-trial conference,we need to be sure that its existence is a major breakthrough in the procedure,criminal procedure reveal that they entered the refinement and scientific development track.But also conducting detailed studies and later compared with other countries such as the United States,Britain and othercountries,we also find that the current session of the Pretrial there are still many problems,so I combined with the specific situation of China's judicial practice,and learn from other regions,while in the research methods of comparative law,it is proposed to build a clear scope,effective oversight mechanisms Protect the exclusionary effective pretrial conference system under the framework of the new Code of Criminal Procedure.
Keywords/Search Tags:Criminal Pretrial conference, evidence, illegal evidence exclusion, apply effects, perfect system
PDF Full Text Request
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