Research On Criminal Pretrial Conference Procedure From The Perspective Of Defense

In 2012,China has amended the Criminal Procedure law,the second paragraph of Article 182 adds the procedure of criminal pretrial conference.subsequently,judicial practice departments all over the country have established pilot courts for pretrial conference,around the pretrial meeting procedure to explore,and the introduction of the criminal pretrial meeting system is more specific,more clear related provisions,there are also scholars from the judicial organs,procuratorial organs and other different perspectives of criminal pretrial conference system to carry out empirical research.however,the existing relevant legal norms on the provisions of criminal pretrial conference is still relatively crude,moreover,the academic research on criminal pretrial conference mainly stays in the whole theoretical standard level,in a few studies related to criminal pretrial conference from an independent perspective,from the perspective of prosecution and trial of the perspective of its analysis have been dabbled,from the perspective of defense,there are few researches on criminal pretrial conference system.Based on this,it is necessary to sort out the basic theory and legal framework of the pre-criminal conference system,Study the existing problems in reality,explore ways to improve,and constantly improve the system of pre-trial meeting for counsel,to realize the theoretical and practical value of the pre-trial conference system,to construct the pre-trial conference in accordance with the needs of the substantive reform of criminal trial,and to promote the substantive trial in an all-round way.First,the judicial protection of procedural defense is weak.On the one hand,the unequal right of the participants to start the pretrial meeting procedure leads to the limited scope of the "should" meeting when the defense applies for the pretrial meeting;On the other hand,the lack of remedies for dissenting matters affects the initiative of the defense to apply for a pretrial meeting,resulting in a very low proportion of the defense to apply for a pretrial meeting in practice.Therefore,it is necessary to improve the protection of the defense's rights in the pretrial conference from the following aspects: setting up the remedies for the infringement of the right of defense,expanding the scope of the pretrial conference that should be held.Secondly,some defense lawyers' incomplete understanding of the pretrial conference system is one of the reasons for the extremely low proportion of defense lawyers applying for pretrial conference.In view of this problem,it is necessary to enhance the defender's awareness of the pretrial conference system.Thirdly,the procedure setting of pre-trial meeting is not perfect,and there is no corresponding supervision mechanism and the pretrial meeting lacks the function of excluding illegal evidence,which leads to the effectiveness of the exclusion of illegal evidence in pretrial meetings is uncertain.,affecting the application of the pretrial conference system to counsel.Therefore,the author suggests to standardize the procedure setting of pre-trial conference by adding the supervision mechanism of pre-trial conference system and to give judges the right to decide on illegal evidence in pre-trial meetings,improve the system of criminal pretrial conference system.