Study On Effects Of Pretrial Conference In Criminal Procedure

As a major highlight of the amendment of the criminal procedure law in 2012,the pretrial conference has been given a great deal of hope since the beginning of its establishment.However,the result of practice proves that the pretrial conference has failed in the procedure and the effect is ineffective in the judicial practice.I believe that an important reason for the embarrassment of the pretrial conference is the lack of effects of the pretrial conference.How to build a perfect system of the effects of the pretrial conference is a problem we must consider.Based on the analysis of the related basic issues of the effects of the pretrial conference,this paper makes a comparative study of the effects of the preparatory procedure outside the country,points out the current situation and problems of the effects of the pretrial conference,and puts forward its own improvement conception.This article is divided into four parts.The first part introduces the basic issues related to the effects of the pretrial conference.First,the author gives the necessity of giving the effects of the pretrial conference: to realize the function of the procedure,to meet the needs of practice and to improve the application rate of the pretrial conference.Meanwhile,it points out that the effects of pretrial conference should include two types: namely,the effects of judgement and the effects of consensual effect,which are reflected in three aspects: the timeliness of requests,the binding of conclusions and the relief of rights.The second part makes a comparative study of the effects of the pre-tribunal preparatory procedure.This section introduces the pre court preparatory procedures in the UK,the United States,Germany,France,Japan and the Taiwan region of our country,it also analyzes the different characteristics of the effects of the pre-trial preparatory procedure under the different litigation modes,and summarizes the relevant experiences: to clarify the effects of the exclusion of illegal evidence,the opening of evidence and the review of public prosecution before the court,and to establish the corresponding relief mechanism.The third part introduces the present situation and problems of the effects of the pretrialconference in China.On the one hand,through combing and examining the relevant provisions,we analyzed the system status of the pretrial conference effects,and discussed and summarized the practice status of the pretrial conference with judicial cases,On the other hand,combined with the existing provisions and practice condition,pointed out that the current pretrial conference effect system has three aspects: the scope of validity of the pretrial conference is still limited,the structure validity of the pretrial conference is not complete,supporting regulations of the pretrial conference effect system is still not perfect.The fourth part puts forward the perfect conception of the effects of the pretrial conference in our country.The author puts forward suggestions from two aspects of concept and system.On the one hand,the relationship between the pretrial conference and the formal trial should be correctly recognized on the one hand,and on the other hand,the validity of the judges' verdict in the pretrial conference should be correctly recognized.The system level should expand the scope of the effectiveness of the pretrial conference,improve the effects structure of the pretrial conference,and gradually improve the relevant supporting systems.