The Research On The System Of Pre-trial Conference Of Criminal Court Under The Reform Of Trial-oriented

In 2012,the "Criminal Procedure Law of the People's Republic of China"(hereinafter referred to as the "Criminal Procedure Law")initially established the "pre-trial conference system",and then it continued to advance with the reform of the "trial-centered" criminal procedure system,which has play an increasingly important role.In the context of this reform,The pre-trial conference system has already relieve abuse of lawsuits,safeguard litigation rights,concentrate on(pre)solving procedural issues,and involved limited substantive issues,Cases of streamlining and diversion of cases and their reprocessing were treated as a new orientation and new direction of the pre-trial conference system.However,by sorting out the existing regulations related to the pre-trial conference,especially the relevant normative legal texts in Ningbo,Ningxia,Dongguan,and Shanghai,it has been found that there are many problems at the normative level in the scope of application of the pre-trial conference system,the organization of the conference,the matters for consideration,the scope of the problem to be handled,the deliberation procedures,and the effectiveness of the procedure.At the same time,the pre-trial conference system's streamlining in the judicial practice process,the solution to the matter,the protection of the defendant's litigation rights,and the expected function are difficult to fully exert and there are also various issues that need to be solved in the same connection with the existing court proceedings.Therefore,the perfection of the pre-trial conference system must always adhere to the "trial-centered" reform requirements,not only to further improve the start-up procedure of the pre-trial conference system,but also to ensure that the pre-trial conference is covered by periodic extensions;It is also necessary to rationally allocate all subjects participating in the pre-trial conference so that all parties' rights and obligations can be reasonably exercised and performed;It must also supplement and improve the content of the deliberation of the pre-trial conference and summarize the categorization of procedural issues,substantive issues,and evidence issues;Moreover,it is necessary to improve the protection of litigation rights such as the defendant's right to know and defend the right to ensure that they participate in the substantive nature of the pre-court conference;Finally,it is necessary to clarify the procedural effectiveness and convergence of the pre-trial conference so as to ensure that the pre-trial conference can effectively fulfill its intended function.