The Study Of The Pretrial Conference In Criminal Procedure

The current CRIMINAL PROCEDURE LAW defines the criminal pretrial conference procedure,which is a great progress in the legislation of our nation,and is an important measure to promote the reform of the trial mode of criminal procedure and the trial substantiation.Pretrial conference is a kind of procedure in the course of criminal proceedings and before the hearing,which requires the the parties join in either called by people's court or on its own initiative,to deal with issues related to the trial and listen to the views of the parties.It has the functions of both procedure and entity.With the continuous improvement of the legal system of criminal proceedings in China,the text rules of the criminal pretrial conference procedure has grown out of nothing.In 2012,Section 182 of the <Code of Criminal procedure> stipulated the content of the criminal pretrial meeting briefly.Later,the judicial interpretation supplemented it in more details.The current text rules stipulate the procedure from the aspects of application scope,starting procedure,deliberating content and legal effect of the result,etc.Criminal pretrial conference procedure is the product of law transplantation.Compared with the criminal pretrial conference proceedings of the United States,the United Kingdom,France and other countries,the criminal pretrial conference proceeding of our nation still exists some problems,such as the applicable scope of criminal pretrial conference is relatively broad,the mode of deliberation is relatively single,the scope of the deliberations content is not comprehensive,and lack of legal documents confirming the outcome of the deliberations at the criminal pretrial conference and so on.In order to solve these problems better,based on the existing legal text rules of our country,we can draw lessons on the foreign experience rationally,the criminal pretrial conference of our country can be optimized from the following aspects:first of all,refine the applicable scope of pretrial conference,Secondly,clarify the rules for the initiation of the pretrial conference,including add the procedures of informing the rights and information,standardize the procedure of initiating pretrial conference upon application,replenish the convening modes,put up the assistant presenters for pretrial conference and so on.Thirdly,expand the pretrial conference content that can be considered,and increase the defendant defense procedures and criminal reconciliation links.Finally,a definitive legal document is formed on the agreed content between the prosecution and the defence.