Procedural Defence In A Pre Court Meeting

Since the implementation of the new "Criminal Procedure Law",the issue of procedural defense theory has received more and more attention and recognition from the theoretical and practical circles.In particular,the new procedural defense issues such as the exclusion of illegal evidence and the review of the necessity of custody have increasingly highlighted the value of their human rights protection and procedural fairness.Although China's "Criminal Procedure Law" stipulates a series of contents on procedural defense,in practice,the stage,scope,effectiveness,and procedures for the application of procedural defense still lack specific provisions.The revision of the pre-trial conference system was a major highlight of the revision of the Criminal Procedure Law.At the same time,the Supreme People's Court issued the "Procedures of the People's Court for Handling Criminal Cases before the Trial(Trial)" and "The People's Court Handled Criminal Procedure" on January 1,2018.The pre-trial conference system was regulated in more detail in the Rules for Exclusion of Illegal Evidence(Trial Implementation),emphasizing and highlighting the procedural functions of the pre-trial conference that can review and handle procedural issues.The trial of the two new Regulations indicates that the pre-trial conference should have the ability to exclude illegal evidence and sanctions procedural violations,help the judges focus their attention on the actual disputes during the formal trial,and further confirm the practical significance of this topic.And value.This article focuses on the theoretical and practical aspects of procedural defense in the pre-trial conference,including the types,methods,effectiveness,and procedures.Specifically,this article is mainly demonstrated from the following five aspects:The first part of this paper mainly discusses the connotation,function and insufficiency of pre-court conference in our country.Our country's functional orientation of the pre-trial conference has evolved from "understanding the situation and hearing opinions" to "processing" of procedural matters,and has taken a big stepforward in perfecting the pre-court conference system.However,the result of the processing of procedural matters before the pre-trial conference did not confer legal effect.Only the results of the pre-trial meetings were recorded in the form of pre-trial conference reports.In practice,the status quo of the pre-trial conference is not satisfactory.The application rate of pre-trial conferences is not high,and the probability of handling procedural matters in pre-court meetings is also low.The second part of this paper mainly discusses the basic theory of procedural defense.There is a controversy over the definition of procedural defense in the theoretical circle of our country.The procedural defense of this paper defines the narrowly defined theory.The theoretical research on procedural defense in the theoretical circle of our country is not limited to the exclusion of illegal evidence,but is combined with the function and effectiveness of the pre-trial conference to thoroughly explore the role of procedural defense in the pre-court conference to fully and effectively play.The theoretical basis of procedural defense in China is:procedural justice theory,suitability theory,procedural sanctions theory.The third part of this paper mainly discusses the type of procedural defense in the pretrial conference in China.At present,the basis of this type of typology mainly comes from the current provisions of the Criminal Procedure Law and relevant judicial interpretations.From the content point of view,the current procedural defense mainly includes the following three types: the procedural defense of the basic litigation rights;the procedure for the exclusion of illegal evidence.Sexual Defence and other procedural defenses that seriously infringe civil litigation rights.While the function of the pre-trial conference is increasingly developing and improving,the procedural defense also provides a platform and space.The fourth part of this paper mainly discusses the strengthening of the procedural defense of the pre-trial conference in China.This part mainly emphasizes the strengthening of the procedural defense function from the following four aspects: the standardization of procedural defense;the strengthening of legal aid duty lawyer system;the improvement of procedural defense evidence system;and the strengthening of procedural defense and defense mechanism.The fifth part of this paper mainly discusses the construction of procedural defense review and confirmation procedures in the pretrial meeting.This part mainly discusses the burden of proof of procedural facts in China's pre-trial conferences,as well as the object of proof and standard of proof,and then actively explores and constructs a more standardized and perfect pretrial court proceedings at the theoretical level to guarantee the adoption of pre-court meetings.The judge shall make fair,reasonable and lawful procedural handling and determination of the procedural defense activities of procedural facts in order to maximize the structure of the proceedings of reviewing and confirming the procedural matters of the pre-trial conference.