The Study Of Criminal Pretrial Conference

The pretrial conference system is added to the criminal procedure law in 2012,although in the whole system there are only several articles about pretrial conference,it is a judicial progress.Under the litigation system reform with trial centralism,criminal pretrial conference plays a significant role.The criminal pretrial conference has effect of ensuring ordered trial,improving the efficiency of trial and guaranteeing the fairness and justice of trial.The paper aims at discuss the criminal pretrial conference from the perspective of trial centralism;it combines details and standard of trial centralism theory with criminal pretrial conference for study how to build the reasonable system.Specifically,the criminal pretrial conference is the path of trial centralism,the accomplishment of criminal pretrial conference should under the guidance of trial centralism;the criminal pretrial conference and the trial centralism have the same ultimate goal which means they all serve for court.For realize the trial centralism,the criminal pretrial conference conducive to the function of split-flow of the complicated and simple,separate of prejudice,and exclusion of illegal evidence.By understanding and analyzing of legislative status and practical status,the author find that though judicial reform is proceeding,the criminal pretrial conference still has some deficiencies.Through practical study,it is can be found that the criminal pretrial conference operation is lack of reasonable standard in initiation subject,processing range,conference effect.Besides,its operation has the phenomenon of distribution disparity and system confounding.The distribution disparity of criminal pretrial conference works in obvious differentiation of the trial grade,applied degree and case types;system confounding works in the phenomenon of seeing the pretrial conference as the court.As for these issues,firstly,the accuser and the defender should be given the right of suggestion to initiate the criminal pretrial conference.The right is not absolute which means it should think about the case status,initiation reasons,evidence status,and case complexity at first.Meanwhile the defender has the right to apply for withdrawal,lawfulness examination or new evidence,and the defender can take those circumstances as reason to apply for pretrial conference.For the processing range of pretrial conference,in order to avoid the pretrial conference disturbing the essence of court,these are no regulations of pretrial conference for substantive treatment of evidence.For the effect of pretrial conference,the new judicial interpretation is still vague.In order to exercise the conference function and insure the concentrated and high-efficiency court trial,it can keep the present form of recorded conferences;if there is no reasonable cause,the accuser and the defender cannot deny the decision;only if one side has the exact reason or sufficient evidence to prove that the conference decision is not compatible with the law or fact,or there has new proof or truth,it can be permitted to handle the same thing in court again.For the issue of the defendant's participation,though the present judicial interpretation and law has made some regulation,it still very vague and hasn't explain the exact case or condition that the defendant should join in the pretrial conference,undoubtedly,it adverse to guarantee the human rights.The paper thinks that it is necessary to force the accused party,the defended party and the prosecuting party all join in the pretrial conference unless the defendant has the exact excuse that entrust lawyer;if the defendant is detained,the court should ensure he/she can know the issues about his/her legal rights.The criminal pretrial conference still has some deficiency,this paper study around the concrete problems and dilemma,hope that the future criminal pretrial conference system will gradually become perfection from the perspective of trial centralism.