Application And Perfection Conference System

In China,the research and construction of the pretrial preparation procedures have been neglected for a long period,which causes a series of problems in practice.The Criminal Procedural Law,enacted in 2012 and entered into force on January 1,2013,adds the pretrial conference system.It is a major advance in the procedural law.The pretrial conference,as one of the pretrial preparation procedures,between the prosecution and the hearing,plays an important role throughout the trial.It bears both justice value and efficiency value by arranging the procedural matters that may prevent the trial from proceeding smoothly,and collating the controversial focus of the prosecution and defendant.As a newly-established proceeding,the pretrial conference has aroused the concern of academia and judicial circles.However,the failure of the new Criminal Procedural Law and the judicial interpretation to give detailed and authoritative regulations leads to a formalization embarrassment of the pretrial conference in the implementation process.Based on investigations and researches,this paper analyzes the current application status of the judicial offices in our country,explores the problems existing in the applicable law,and designs the pretrial conference system by combining advanced extraterritorial experience in order to contribute to the construction and improvement of the system.This paper studies the pretrial conference system mainly from the following four parts :Chapter second is about the basic value and function of the pretrial conference system.It elaborates the two basic values of the pretrial conference: efficiency and justice,and discusses the four functions of the pretrial conference.The three chapter presents the present application status and realistic predicament of the pretrial conference system in our country.Beginning from the evolution and the development process of our pretrial conference system,Chapter Two focuses on the application status of the pretrial conference system and the four realistic predicaments,namely: uncertainty of the application scope,the initiation way,the problems which should be solved and the force adeffect of pretrial conference.Chapter Four is about the comparison of pretrial preparation procedures in foreign countries.It introduces the main three models: parties-leading model,judge-leading model and the mixed model.As the focus of this paper,the fiveth chapter,in view of the problems existing in the application of pretrial conference system in China and combined with domestic and foreign experience of academia and the judicial practice,puts forward the pretrial conference system in line with our national conditions.