Study On The Operating Mechanism Of Pretrial Conference System In Criminal Procedure

Since the establishment of China's pre-trial conference system in 2012,high expectations have been placed on it by all parties,and it has even been called "the brightest pearl".At present,the pretrial conference system is only in the initial stage of development,which has two limitations: limited function and crude mechanism.The pretrial conference system has gradually enriched its specific functions in practice,and the system itself has been enriched.The immediate concern is how to address the limitations of crude mechanisms.Its key and core is to refine the specific operation mechanism and enhance its operability.In November 2017,the supreme people's court promulgated the "pretrial meeting procedures of people's courts for handling criminal cases"(hereinafter referred to as "meeting procedures"),which provides corresponding guidance for the operation of this system,but some places still need to be further clarified and refined.The operational mechanism of criminal pretrial conference is a dynamic process with its own uniqueness.It should be distinguished not only from other systems but also from other related systems in operation mechanism.To be specific,compared with the operation of public prosecution review procedure,it lacks the content of substantive review and is more random and flexible.At the same time,according to the order of its operation,the operating mechanism of pre-trial meeting system can be divided into value-oriented mechanism,initiation procedure,discussion mechanism,adjudication mode and supervision and relief mode.From the above specific aspects to understand and improve the criminal pretrial meeting system operating mechanism.At the beginning of the establishment of criminal pretrial conference system,its operation mechanism was not paid attention to.The trial-centered criminal procedure reform made the operation of this system get attention and develop towards a better trend.The state of the legislation from 2012 to 2018 also reflects this.However,in the specific judicial practice,the operation of the pretrial meeting system is subject to more "interference".For example,ignoring the value-oriented mechanism makes the operation of the pretrial meeting deviate.The lack of flexibility in operation and the lack of operability of specific processes makes the operation of pretrial meetings a "burden" for all parties.The mode and validity of the ruling are vague;Lack of clear supervision and relief,etc.These are also reflected in the 50 relevant cases collected by the author.The solution of the above problems needs to be based on the specific judicial reality of the country and put forward solutions in line with the actual situation of the country.The author puts forward his own Suggestions from three aspects: ideological basis,concrete measures and supporting measures.First of all,on the ideological basis,we should take the basic litigation value as the guide,correctly handle the relationship between judicial justice and litigation efficiency,and pay special attention to the embodiment of procedural diversion value in operation,so as to make the pretrial meeting system of criminal court have more rich functions.Secondly,a binding mechanism should be established for both the prosecution and the defense to participate in the pre-trial meeting.Through reasonable notification procedures,diversified convening forms and discussion mechanisms should be adopted to make the pre-trial meeting more practical.The adjudication mode also needs to be optimized to clarify the effectiveness of the outcome of the pretrial meeting and provide more space for the defendant to participate in the pretrial meeting.Besides,explicit supervision and relief are also indispensable.At the same time,the supporting system for the operation of the pre-trial meeting system is gradually improved from the following four aspects: ensuring the positive role of the defense in the pre-trial meeting,proper victim participation,improving judicial informatization and perfecting the docking procedure between the system and the system.In addition,countries outside the region with relatively mature pretrial preparation procedures,such as the United States,Japan,Britain and Germany,can also learn from their useful experience in operation.It is expected that the above Suggestions will make the operation of China's pretrial meeting system more scientific and refined,and make the criminal pretrial meeting system more vitality.