Research On The Improvement Of The Chinese Criminal Pre-Trial Conference

Before the formation of the Criminal Pre-trial Conference,there was no criminal pre-trial preparation proceeding in China.Even then,the review of the indictment and prosecution did not have the prototype of the pre-trial preparation proceeding.The Criminal Pre-trial Conference established in the revision of the Criminal Procedure Law in 2012 is more about the trial rather than the investigation and prosecution.Through communication of the three parties in charge of trial on pre-trial procedural matters,disputes could be reduced and interruptions of trial could be prevented,The trial efficiency of complex cases could also be improved.However,There is a question that the Pre-trial Conference has less connected to investigation and prosecution.It should be pointed out that in the context of China's current criminal litigation,transplanting or absorbing the factors within extraterritorial pre-trial hearing is still lacking certain conditions for the Pre-trial Conference in China.The reason is not only related to the fact that the court is not at the core position in the current criminal litigation structure,but also related to the lack of court-centered cognition.Therefore,combining with the pilot experience,researches focused on survey and exploration in specific theoretical and practical issues.On this basis,the "Procedural Rules of the Pre-Trial Conference" issued by the Supreme People's Court in 2017 played a positive role in the improvement of the system,especially the doubts and unclearness in the legislation,and at the same time specifically determined Seventeen intermediate people's courts began their pilot work.Through a series of legislative supplements and practical pilots,the pre-trial court system has improved somewhat compared with the beginning of its birth,but it should continue to observe the outstanding problems in order to prevent the system from being shelved or even blurred.In the first chapter,the thesis begins with the program positioning,effectiveness,value,main functions and legislative requirements of the pre-trial conference system in China.The second chapter takes the timeline as the context,and investigates and summarizes the operation status of the pre-trial conferences from the perspectives of literature review,pilot research and case analysis.Based on the first two chapters,the third chapter identifies the six aspects of system positioning,conference hosting,defendant participation,conference initiation,conference function,and conference effectiveness.The fourth chapter combines the relevant theory and the experience of extraterritorial law,and puts forward corresponding suggestions for improvement from the four levels of subject,function,effectiveness and supporting system.