On The Improvement Of My Country's Criminal Pretrial Conference System

The adoption of the new "Criminal Procedure Law" indicates that the judicial reform in our country has taken an important step in the direction of criminal prosecution,and the criminal pretrial conference system has been widely concerned by the academic and practical circles.The criminal pretrial conference is connected with the procedure of prosecution and trial,which has the function of improving the efficiency of litigation and protecting the legitimate rights and interests of the parties.But the law and relevant judicial interpretations of the criminal pretrial conference is not specific enough,leading to the emergence of a lot of problems in practice.Summarized as follows:first,the application rate of criminal pretrial conference is low;the second is the lack of enthusiasm of the participants in the conference;the third is to improve the efficiency of judicial effect is not obvious.In order to analyze the causes of problems and seek improvement suggestions,the author uses the following research methods:empirical analysis,through field visits to the Fujian Provincial Higher People's court and the Fuzhou Gulou District People's Procuratorate and other judicial organs,and to the front-line judges and prosecutors to obtain relevant consultation about the criminal pretrial conference.By referring to the typical case,such as the Liu Zhijun case,Bo Xilai case,Kuai Bo case,to understand the practice of the criminal pretrial conference;literature analysis,based on the research of domestic and foreign scholars on the pretrial conference and the pretrial procedure,and referring to relevant papers and periodicals for the research of this paper lays a theory basis;comparative analysis,through compare the criminal pretrial conference system of the United States,Britain,Germany and Taiwan region of our country related inspection system,and do summary to get the experience of development of our country's criminal pretrial conference system.During the writing process,coincides with the Supreme People's Court issued the "On the implementation of the reform of criminal procedure system centered on trial".This opinion puts forward some suggestions on the application of the system of criminal pretrial conference in our country,and also provides reference and guidance for the writing of this paper.Through analyzing the problems in the practice,the outstanding achievements abroad and combined with the high court reform suggestions,the author believes that we should start from the application scope,starting agent,presiding judge,consideration scope,legal effect and conference report these six aspects of criminal pretrial conference system to further improve,and give full play to its function,its implementation the purpose of legislation.This thesis is divided into four parts,the first part is the overview of the system,mainly the concept and function of the criminal pretrial conference system,and according to the related law of our country and the judicial interpretation of application scope,starting agent,presiding judge,consideration scope,legal effect,summary of Chinese criminal pretrial conference system;the second part is introduce the problems in practice and the reason of the problem;the third part is through the investigation of foreign criminal pretrial conference relevant system,perfecting Chinese criminal pretrial conference provides the enlightenment;the fourth part according to the reasons above and combine the opinion form Supreme Court,put forward perfect measures to promote Chinese pretrial conference system.