Study On The Proceedings Before The Criminal Court

Before establishing court before meeting application,it has been attracting the attention of experts and scholars and research,but has never been incorporated into China's criminal lawsuit system,until recently,the "trial centered" judicial reform deepening,the legislative boundary also followed by established a number of laws and regulations,promote trial substance.Trial justice configuration mismatch of each program in trial are bloated,court procedures before the phenomenon of relatively thin,as a trial court "power booster" court before meeting clearly legislators,and the criminal procedure law in 2012 established the court before the conference proceedings.Exercise of the court before the meeting at the same time not only for ever before the court procedure in the trial of farewell,rectify past don't attach importance to the principal position of the defendant's judicial practices,and also conform to the inevitable choice in the educational world human rights for the defendant.Before the trial,the judge no longer had only the prosecution's opinion,or was informed of the whole case through a private,one-line contact with the defense.Court before the meeting to provide a legal place,allowing the defendant before the court of the prosecution charged opinions and evidence and the facts of the case through the comment,the judge by listening to the opinion,helps to fully grasp the case,avoid the unidirectional case information source,and the resulting unfair judgment,and adjusted to the specific circumstances of the prosecuting and defending parties in the trial process,targeted the difficult cases.But across the court before meeting system applicable in the judicial practice,it is not the larger flutter,instead,apply rate is extremely low,across different criteria,service in the trial of real problems such as ineffective,academic circles to the court before meeting system of legislation,court before meeting system reform,the author draw two big legal system about the regulation of system of court before the meeting,in combination with the operation condition of the court before the meeting,and the latest legislation of dynamic,perfecting the court before the conference proceedings,and put forward to construct independent model conference proceedings before the court,in order to help to court before the meeting in the future development trend.The first part is the basic theory of the pre-trial conference system,the first section introduces the basic connotation of the pre-trial conference system;Firstly,the concept and value orientation of the pretrial conference system are analyzed.Secondly,the establishment of the pre-trial conference system and the value of the relevant procedures are focused on the relationship between the pre-trial preparation procedure,pre-trial procedure,public prosecution review procedure and trial procedure.The second and third sections describe the functional and legal basis of the pretrial proceedings.Institutions outside of the second part of the court before the meeting,first introduced the United States,Britain,Germany and Japan are meeting system before the inspection,the second analysis outside the court system to our country court meeting before the conference nrogram mode remodeline of enlightenment.The third part is the operational effectiveness and legislative reflection of the procedure of the pretrial proceedings in our country.First section for the source and the flow of court before meeting system,introduces the historical evolution process,mainly analyzes the progressive significance of "discipline" in the second quarter,from the perspective of the big four certainly the legislative significance of regulation,and introduces the new rule to the positive role to solve the problem of judicial application.The third section focuses on the legislative deficiencies of the regulations and further explores the reasons for the failure of the procedural model of the pre-court proceedings.The fourth part is the scientific conception of the procedure of the pretrial conference in our country,first of all,the general idea of the pre-trial conference system is carried out,and the system of the pre-trial meeting is concretely perfected in two parts.