Consideration On The Improvement Of The Pretrial Conference System Of Criminal Proceedings In My Country

With the advancement of China's judicial system reform process,the role of trials in the entire criminal proceedings has become increasingly prominent.The pre-trial conference system helps to improve the efficiency of trials and guarantee the fairness of trials by solving problems such as procedural issues,sorting out disputes,and streamlining cases.Since the application of the pre-trial conference in criminal proceedings in China,it has achieved good results in general.However,it is inevitable that the operation of the pre-trial conference system has encountered some difficulties in practice.Based on China's reality,at the same time compared with other countries in the world that have similar pre-trial procedures,there is still room for further improvement in the system.Specifically,the problems of our pre-trial conference system are: unclear principles of the pre-trial conference system,unclear application effect,over-extensive pre-trial conference procedures,complicated and diversion mechanism of cases to be refined,lack of effective relief and Supervision mechanism,etc.Based on China's reality and drawing on advanced practices of foreign pre-trial procedures,China's pre-trial conference system should be guided by the principles of procedural participation and efficiency,by clarifying the content of the evidence disclosure scope of the prosecution and defense parties in the conference and before the conference.The evidence should be logically classified and a list of proofs should be made,grouped and explained according to the type of evidence and the name of the evidence,and the matters to be proved should be briefly summarized.The court will finally produce a report based on the content of the meeting.The effectiveness of the court trial,and if it cannot be raised again in the subsequent court trial after the clear meeting is held,the judge makes a decision not to exclude the evidence at the meeting,the prosecution fails to provide sufficient evidence or refuses to provide evidence,and the prosecution authority is granted In order to strengthen the effectiveness of the pre-trial meeting,the operation of the procedures related to the exclusion of illegal evidence at the pre-trial meeting stage was improved with regard to the right to veto or not to hold a meeting.Not only that,but also to clarify the provisions of the pre-trial conference system by clarifying the principle that the defendant must attend the meeting in principle,the selection of the chairperson of the conference,and the protection of the defendant 's right to defend;The specific procedures for reviewing andverifying the authenticity and legality of the content of the book,perfecting the function of pre-trial meeting procedure diversion,and improving the immediate relief,post-relief and prosecutorial organs 'procedures for the court pre-trial meeting procedures when the result of the meeting is not satisfied Supervision power and other contents are used to help the smooth operation of our pre-trial conference system.