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Research On The System Of Criminal Pretrial Conference In China

Posted on:2021-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:R X YangFull Text:PDF
GTID:2416330611992613Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As an important part of the reform of the judicial-centered criminal procedure system,the criminal pretrial conference system is conducive to optimizing judicial resources,accelerate the formation of a socialist legal system with Chinese characteristics and relate to the modernization of the country's governance system and governance capacity.However,because the relevant norms of the pretrial conference system are unclear and the application ratio is low in the actual operation,there are problems such as inaccurate functional positioning,the lack of authority and legal effect of the court leading the pretrial conference and so on.The most urgent task now is to reintegrate and improve the pretrial conference system which is suitable for the centralism of court hearing on the basis of the beneficial exploration of outside and practicing the procedure of pretrial conference.The author by sorting out the development context of the system of criminal pretrial conference,on the basis of referring to the mature pretrial conference outside the region,explores the improvement path from four aspects.First of all,we should scientifically grasp the theoretical principles of the criminal pretrial conference system,adhere to the litigation concept of trial doctrine,follow the principle of procedural participation and the principle of litigation economy and fully apply the principles of clear analysis and evidence discovery,so as to ensure the centralized,sustained and efficient clarification of the theoretical basis for the court proceedings.Second,standardize the basic content of the pretrial conference system.We should not only deal with the pretrial conference on the lack of function and the overflow problem,but also to build the system of lawsuit pretrial conference,the participants provide fair statement and right remedy and safeguard right of the defendant's right of participation,marking and dissent.And we should guarantee the legal validity of pretrial conference system,followed by party consensus on the effectiveness of supervision and add a preliminary meeting "ban" system.Third,the procedure of the pretrial conference should be refined.We can try by the judge of the case filing court or an experienced assistant judge preside over the pretrial conference,strictly limit the procurator's right to withdraw the prosecution in the trial.And guarantee the timely and effective participation of the defenders in the pretrial conference.At the same time,we should improve the system of eliminating illegal evidence in pretrial conference and the connection mechanism between pretrial conference and trial sessions,which can notonly safeguard the legitimate rights and interests of the parties and the right of the public to know,but also effectively guarantee the fair and open conduct of judicial activities.Finally,we should improve the mechanism of the pretrial conference system of form a complete set,increase the judges professional team construction,enhance the judicial level of information and the construction of the "wisdom" court.And we can make the pretrial conference system combined with greater confessed forfeit system,take a more reasonable design on pretrial conference system and continuously explore and perfect in the practice,so that make it really rise in the criminal trial mass effect.
Keywords/Search Tags:The pretrial conference system, Substantive hearing, Litigation efficiency, Functional positioning, Judicial information
PDF Full Text Request
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