The Research On Predicaments And Countermeasures Of Criminal Pretrial Conference

The establishment of the criminal pretrial conference in the form of legislation is an important milestone in the development of constitutionality of our country.However,due to the establishment of the criminal pretrial conference in China,we lack some theoretical support and practical experience,while encountering the predicaments of legislative ambiguity and confusion in application that leading to system failure.It is mainly manifested in the low application rate,unclear scope of application,disputes in parties and participants,controversy over procedures,value and effectiveness issues,vague and gap of the incidental civil lawsuits and criminal reconciliation,and lack of relief and supervision.The reform of the lawsuit system,which is taking trial as the center in our country,raises higher requirements and also indicates the way-forward for the development of the criminal pretrial conference.Therefore,the development of the criminal pretrial conference of our country has become an important topic.To this end,the author puts forward some countermeasures to modify and develop the criminal pretrial conference through researching on the practice in his region and other representative parts of our country and drawing lessons from the criminal pretrial conference of other regions or nations.The core content is to clarify the nature and function of the pretrial conference,define the scope of application,resolve the disputes in parties and participants,clear convene procedures,improve evidence disclosure and exclusion of illegal evidence,enhance the effectiveness and rigidity,clarify the incidental civil lawsuit and criminal reconciliation,establish relief and supervision.