| Similar historical origins,similar institutional soils and cultural backgrounds,and the legal form as a comparative object should have similar functions and perform similar tasks,making China's mainland region(hereinafter referred to as the mainland region)and Taiwan region of China(later known as Taiwan).Regional)The relevant systems are easier to compare and draw from each other,which also makes the relevant experience summarized in Taiwan more easily absorbed by the mainland.What is the(pre — trial)preparation process,and the(pre — trial)preparation process is a preparatory work attached to the trial,which is the abbreviation of the pre—trial meeting in the mainland and the preparatory process in Taiwan.In mainland China,the pre—trial preparation process can also be called a pre—trial meeting;in Taiwan,the program is called a preparatory process.The Criminal Procedure Law(hereinafter referred to as the Criminal Procedure Law of the Mainland),which was newly revised in the mainland in 2012,established the pre—trial conference system for the first time.Along with the advancement of the trial—centered litigation system reform,in 2017,the Supreme People's Court successively issued the “Implementation Opinions on the Comprehensive Promotion of the Trial — Criminal Criminal Litigation System Reform”(hereinafter referred to as “Implementation Opinions”)and “ The three procedures have comprehensively improved the specific content ofthe pre — trial meeting.Looking at the Taiwan region,the title of the preparatory process appeared only after the revision of the Criminal Procedure Law of Taiwan in September 2003(hereinafter referred to as the Taiwan Criminal Procedure Law).On November 30,2017,the Taiwan District Court issued the “National Participation in Criminal Justice Law(Draft)”.This draft specifies the specific content and process of the preparation process.After seven years of revision,it has strong operational ability.Sex,there are many places that can be worth learning in the mainland.In view of the current pre — trial evidence display function in the pre —trial meeting in mainland China,the application rate is not high.The application rate of the pre—trial atrium meeting is not high,the standards are not uniform,the application effect is not good,the content of the regulations tends to be principled,and the pre—trial judges have no right to decide.On the other hand,the excellent results of the draft procedures on the preparation procedures can be absorbed and absorbed by the pre—trial conferences in the mainland.Based on the shortcomings of the pre—trial conferences in the current mainland,this paper analyzes the advantages and disadvantages of the preparation process in the current mainland and Taiwan(pre—trial)and finds that the pre—trial conferences in the mainland can draw a lot of useful experience from the preparation process in Taiwan.In the process of advancing the judicial reform of the adjudication—centered adversary and safeguarding the legitimate rights and interests of the accused,it is necessary to reform and improve the current pre—trial meeting in mainland China.It is necessary to improve and perfect from three aspects.First of all,we must make a clear legislative position on the pre—trial meeting.The pre — trial meeting shall have the function of guaranteeing the smooth and effective conduct of the trial,ensuring the comprehensiveness of the evidence disclosure,and ensuring the comprehensive and effective arrangement of the focus of the dispute.Secondly,in the pre—trial meeting procedure,the first is to refine the scope of application of the pre—trial meeting,that is,for the evidence materials,the complexity of the case,the social impact,or the dispute between the prosecution and the defense.To insist that it is not guilty and that the defender insists on pleading notguilty and the accused pleads guilty but the defender insists on pleading not guilty,he should decide to hold a pre—trial meeting before the trial.Pre—trial meetings should not be held for cases involving summary procedures.A pre—trial meeting may be held in cases that other courts consider necessary.The second is to clarify the presiding staff.That is,one person should be elected by the collegial panel of the case to be the moderator of the meeting.The third is to clarify the form of confirmation of the pre—trial meeting.That is,the report of the pre—trial meeting formed after the pre—trial meeting has the legal effect after being signed by both parties,and has legal effect on the trial.Finally,in the evidence processing section of the pre—trial meeting.First,it is necessary to construct a three—party structure of control and debate that is mutually restrictive and mutually supervised.Second,it is necessary to construct an evidence display system and comprehensively summarize the focus of the dispute before the pre—trial meeting.First,the initiation of the evidence display process can be initiated by the judge ex officio or by the application of both parties.The second is to clarify the link of evidence display.Before the meeting,the court will transfer all the evidence materials to the court,and both parties will display the evidence and object to the evidence of the other party.The third is the collation and induction of the controversial focus.This paper believes that the judges of the pre—trial meeting can organize the presiding and disputes of the evidence display system as the "skeleton" of the constituent elements of the crime,and determine the order of evidence display on both sides according to the constituent elements.At the same time,the pre—trial judges must have a procedural review of the evidence's ability to have evidence before the court,and also examine whether the evidence has the necessity of conducting a court investigation.It has nothing to do with the facts to be proved or the facts to be verified have been ascertained.If a court investigation is necessary,it can be persuaded that the other party is not presenting the evidence or that the evidence is not allowed to appear in the trial.The fourth is to give legal effect to the report of the pre—trial meeting,and it is not allowed to overturn or change it without authorization.Third,make supplementary provisions on the exclusion of illegal evidence in pre—trial meetings.Fourth,it is recommended to limit the time for the procuratorate to withdraw the prosecution before the end of the first—instance debate.Because this article compares the difference between the pre—trial meeting in the mainland and the preparatory process in Taiwan,the cross—straits differ in the expression of legal terms: 1.The Taiwan area preparation procedure "prosecutors and defendants,defenders in the preparation process to request investigation of evidence" It has the same meaning as the pre—trial meeting in the mainland,"the evidence that the prosecution and the defense decided to present in the pre—trial meeting." 2.In Taiwan,the parties accused of crimes by the public prosecution agency are called“defendants” and the mainland is called “defendants”. |
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