Protection Of The Rights Of The Defendant In The Criminal Pretrial Conference

China's revised Criminal Procedure Law in 2012 added a pre-trial conference system,that is,“Before the trial,the judges may convene the public prosecutor,the parties and the defenders,the litigation agent,and the trials related to avoidance,the list of witnesses appearing,the exclusion of illegal evidence,etc.Problems,understand the situation,and listen to opinions." The above provisions position the function of the pre-trial meeting in the procedural disputes of the case to listen to opinions.The Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China expands the function of the trial meeting.The judges can not only listen to the opinions of the prosecution and the defense on procedural issues,but also ask the prosecution and the defense whether the evidence materials have Objection,in addition,if the injured party files an incidental civil action,it can also mediate.In the reform of the judicial system,the function of the pre-trial meeting was further expanded.The Opinions on Advancing the Trial-based Criminal Litigation System Promulgated by the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of National Security,and the Ministry of Justice incorporate the “pre-trial evidence display” into the pre-trial meeting.The Supreme People's Court issued the"Opinions on the Comprehensive Promotion of the Reform of the Trial-Criminal Criminal Litigation System".The "Public Prosecution Review" is one of the contents of the pre-trial meeting,which stipulates that the court is listening to the evidence of the case.After the opinions,the case may be recommended for the people's procuratorate to supplement the investigation or withdraw the lawsuit in cases where the apparent facts are unclear and the evidence is insufficient.The judicial practice department has received some scholars' support for the expansion of the pre-trial conference.If some scholars believe that the pre-trial conference has six functions,namely: evidence discovery,illegal evidence exclusion,dispute sorting,communication persuasion,program diversion,Mediation and reconciliation.Since the introduction of the pre-criminal conference system,the relevant judicial interpretations have been continuously improved with the practical experience.However,as far as the current relevant legal provisions are concerned,there is a large deficiency in the protection of the rights of the accused in the criminal pre-trial conference system in China.This paper analyzes the theoretical knowledge and practice status of the pre-trial conference system in safeguarding the rights of defendants,and summarizes the shortcomings of the pre-trial court system in protecting the rights of the accused in practice.In addition,through the use of literature analysis the pre-trial conference system provides a profound analysis of the reasons for the lack of defendant rights protection,with a view to perfecting the system of criminal pre-trial conferences in China.This paper is divided into four parts:The first part is to sort out the theoretical knowledge related to the pre-trial conference system,including two parts,the development history of the pre-trial conference system and the theoretical basis of the pre-trial conference system in safeguarding the rights of the accused.The second part analyzes the content and deficiencies of the Pre-Conference Rules.The third part analyzes the specific status quo of the defendant's rights protection in China's criminal pre-trial conference system.At the same time,it combines the research data of many scholars to analyze the general status of the pre-trial conference system in the defendant's rights protection.The fourth part analyzes the improvements that can be made in strengthening the protection of the defendant's rights in China's criminal pre-trial conference system.First of all,the defendant should be involved in the discussion of the pre-trial meeting.The defendant should be guaranteed the full participation right and effective participation right in the pre-trial meeting.It is necessary to realize the form of the accused and the actual presence of the accused.Second,the accused should be guaranteed the right to know.Finally,the defendant's right to defense should also be guaranteed,that is,to protect the defendant's right to help the lawyer,because the pre-trial meeting was established to resolve the procedural dispute before the trial,and most of the issues involved were legal issues of a professional nature.In order to better protect the interests of the accused,it is necessary to confirm that the lawyer must be present at the pre-trial meeting.