Research On The System Of Pre-trial Conferences In China

2012 China has put this new provision of the Criminal Pretrial Conference System formally written into the "Criminal Procedure Law" in.Pretrial conference as a criminal prosecution to the middle part of the trial,broke directly over the trial proceedings from the prosecution process,has become a major highlight of the new Code of Criminal Procedure,the concern of the theory and practice,having a Chinese characteristics criminal litigation.Also it indicates the progress of our procedural law,has slowly into scientific,specialized on the track,on the efficiency of the proceedings,the prosecution and defense to achieve a balanced and fair procedures play a significant role.Pretrial conference system has been implemented over the past four years,the famous case of Bo Xilai,Liu Zhijun and Chenman case full text of all pre-trial conference was held,for speeding up the trial process,improve trial efficiency,procedural and impartial entity,and thus guarantee rights and other parties have played an immeasurable effect.However,due to the short time of the implementation of the system,it is still in the exploratory stage,and so far only the"Criminal Procedure Law" Article 182,the Supreme Court "on the application<People's Republic of China Criminal Procedure consistent method>interpretation"183,184 for Pretrial conference system to make a simple,rough regulations,subject to the provisions of the meeting,content,scope and,ultimately,the effectiveness of its oversight mechanisms have many problems,resulting in a different approach in implementation process in the country.In some places held pretrial conference not only failed to achieve the original purpose,even with contrary.In this paper,the practice of the health of the Criminal Pretrial conference system were viewing,conducted in-depth research and analysis on the existing problems,combined with his own scholarly books Buyers put forward their own views.This paper is divided into four parts,namely:The first part of the criminal pre-trial conference system overview.Through the basic concept of this system will be described,and then to the Criminal Pretrial conference system more appropriate value positioning,analyze its role in the judicial practice can play.The second part is a criminal pretrial conference system in China's history.Trying to find the history of our legislation has its roots with clues,analyze past lives of the system,the system of criminal pretrial conference a more appropriate value positioning,analyze its role in the judicial practice can play.The third part is the Criminal Pretrial conference system encountered in practice of statistical data and analysis,combined with theoretical principles,we summarize and analyze the existing Criminal Pretrial Conference System Problems,find out the cause of these problems.This is a very important part of this paper,through the analysis of the problem,we find the current criminal system exists crux Pretrial Conference,only pinpoint the crux,in order to better improve this system.The fourth part is to propose recommendations for improvement of the Criminal Pretrial conference system.This section recommends combining judicial practice frontline staff writer collected in practice,on how to address the shortcomings found and missing,and then put forward countermeasures were put forward concrete proposals to improve the system of pre-trial conference.