A Study On The Procedure Of Criminal Pretrial Meeting In China

The Criminal procedure Code,as amended in 2012,added an additional pretrial meeting,but at the beginning of the legislation it only sketched out the general framework of the pretrial meeting procedure,which leads to a discussion on the positioning,function,scope of application,initiation,participants and results effectiveness of the theoretical and practical circles in relation to the pretrial meeting.Rules of procedure for pretrial meetings of the people's Court in handling Criminal cases,which began on January 1,2018,made a phased response to the above-mentioned controversial issues.Guide people's courts at all levels to convene pretrial meetings.In addition,the current substantive reform of the trial in our country makes the judicial practice pay more and more attention to the pretrial meetings,and also puts forward new requirements for the perfection of the pretrial meetings.That is,how to give better play to the preparatory function of the pretrial meeting.At the same time,it will not weaken the function of the trial.In this paper,the positioning,function,value and other theoretical issues of the procedure of pretrial meeting are combed out.Based on the procedure of pretrial meeting,this paper discusses the current legislative situation of criminal pretrial meeting in China.Making use of the Chinese adjudicatory documents net,analysis of the application of pretrial meetings in criminal cases in Si Chuan Province from 2013 to 2018.And combining with the empirical research data of the existing literature,the author finds that the criminal pretrial proceedings in China still have problems such as low application rate,formal protection of the rights of the accused,virtual trial procedure of the pretrial meetings,lack of supervision,and so on.This paper examines the similar procedure in the field of criminal procedure in the United States,Britain and Japan,and understands its content,function and effectiveness.It is found that the pretrial meetings of our country can draw on the extraterritorial experience in terms of procedure setting,effectiveness and the protection of the rights of defendants.Finally,this paper puts forward some suggestions from the aspects of clarifying the rights and obligations of the prosecution and defense,guaranteeing the rights of the accused,arranging the points of contention,connecting the pretrial meeting procedure with the trial procedure,and so on.At the same time,it is pointed out that the low application rate of the criminal pretrial meeting in our country should be treated correctly.This paper expects that the criminal pretrial meeting in our country will be more perfect in legislation in the future,and can give full play to its preparatory function in judicial practice.