The Perfection Of The System Of Criminal Pretrial Conference In China

The pretrial meeting is a kind of meeting where the judges can convene the public prosecutor,the parties,the defenders and the agents lite to understand the situation and listen to the opinions on the questions related to the trial,such as the withdrawal,the list of witnesses in court,the exclusion of illegal evidence and so on.As a bridge connecting the public prosecution procedure and the trial procedure,the pretrial meeting system is of great significance to ensure the smooth and centralized trial work,improve the efficiency of the trial and even the efficiency of the whole criminal procedure.Although our country has successively introduced judicial interpretation and legal regulations related to the pretrial meeting system,there is still a gap with the relevant pretrial meeting system of foreign countries,and our criminal pretrial meeting system has not fully played its due role and function since its establishment and implementation.Therefore,it has a long-term legal significance to study how to improve the pre court meeting system of our country for promoting the reform of criminal procedure centered on trial.This paper intends to expound the system of criminal pretrial meeting in China from four parts:The first part is the formation and function orientation of the criminal pretrial meeting system in China.The formation of the pretrial meeting system includes the initial formation stage,the practical practice stage,and the improvement and refinement stage.Its function orientation is embodied in the function of evidence display,the function of sorting out disputes,the function of removing illegal evidence and the function of procedure diversion.The second part is the investigation of foreign related systems.This paper examines the pr-trial conference procedure in the United States,the trial procedure in the United Kingdom,the pretrial procedure in Germany and the pretrial preparation procedure in Japan.Through the comparative study with foreign related systems,it brings some enlightenment to China's criminal pretrial conference system,so as to provide reference for China's construction of a perfect pretrial conference system.The third part is the problems of the pretrial meeting system in China.There are many normative problems in the scope of application,the presiding officers,theprocedural rights of the defendant,the participation rights of the victims and their families in the pretrial meeting,and the effectiveness of the procedure.The fourth part is the suggestion of perfecting the system of criminal pretrial meeting in our country,which is to refine the scope of application of the case,delimit the matters that may cause the trial interruption in the trial to the situation that the pretrial meeting should be held;standardize the procedure setting of the pretrial meeting,clearly limit the assistant judge to be the presiding officer of the pretrial meeting,prevent the presiding officer from giving priority to the pretrial,produce the prejudgment,and influence on the pretrial meeting In the trial of a case,the procedural rights of the defendant should be guaranteed to the greatest extent.In principle,the defendant should attend the pretrial meeting,and pay attention to the participation rights of the victim and his family members;clarify the legal effect of the pretrial meeting,especially the legal effect of excluding non-legal evidence.