A Study On Effectiveness Of Pretrial Conference System In Criminal Procedure

Pretrial conference system refers a meeting held by the court before the court session among the two opposing parties and the judge. Its purpose is in order to ensure the trial concentrating and improve the lawsuit efficiency of criminal case. Pretrial conference system has been added in the 2012 Amendment of Criminal Procedural Law of our country recently. The 182th of Criminal Procedure Law stipulated that the judge can summon the parties and the prosecutor and the agent of lawsuit to discuss about the avoidance and illegal evidence exclusion before the trail. Judicial Interpretation explained the 182th of the Criminal Procedural Law further. Our country stipulated the pretrial conference system from there.Legislation about the content of the pretrial conference in our country is relatively simple. According to the judicial practice experience, local judicial bureaus expanded the content of the pretrial conference. Thus caused the standard of the content cannot be unified. There is debate about whether the pretrial conference can involve substantive. The effectiveness of pretrial conference is uncertainty. The effectiveness included weak effectiveness model based on legislation and strong effectiveness model based on the judicial practice. This uncertainty leads to application failure and the rate of the pretrial conference is low. At the same time, the different content determined the validity of the model "one size fits all" is not conducive to safeguard the human rights of the parties. The author through analyzing the content and effect of the court before the meeting came to the conclusion that at present, China's Pretrial conference system needs to be carefully divided different decision effectiveness. And also need to set up the corresponding relief channels to protect the rights of parties, in order to better realize the value of pretrial conference system.The main body of the paper is composed of four chapters.Chapter One presents the questions. The part explores the significance of the pretrial conference. The author analyzes the significance of the pretrial conference from three aspects, include definition, function and value. Pretrial conference is the core content of procedure before court. Pretrial conference has procedure diversion function, information exchange function and dispute settlement function. Comparing the related system can help to improve the system of our country.Chapter Two is about the content of pretrial conference. According to the judicial practice experience, local judicial bureaus expanded the content of the pretrial conference. Thus caused the standard of the content cannot be unified. There is debate about whether the pretrial conference can involve substantive. The decision of the content of pretrial conference is mainly include, withdrawal application problems, such as, illegal evidence exclusion and other evidence, but also includes the substantive problem such as mediation, reconciliation.Chapter Three is about the existing problems of effectiveness of pretrial conference. This chapter pointed out that current pretrial conference lack of effectiveness. Papers discuss the decision of effectiveness from the request of timeliness, determine the binding and rights.Chapter Four is about effectiveness of pretrial conference in criminal procedure. This part mainly analyzes the effectiveness of the pretrial conference. Different contents of pretrial conference should have different effectiveness. In the final paper analysis pretrial conference right remedy.