Research On The Protection Of The Defense’s Rights In The Criminal Pre-trial Meeting

Since the amendment of the criminal procedure law in 2012,China’s pretrial conference has played a certain role in improving the efficiency of the trial and protecting the rights and interests of the parties.The criminal procedure law of 2018 and the regulations of the people’s court for handling criminal cases have made relatively detailed provisions on the pre court meeting system.However,the pre court meeting is an important part of the criminal pretrial preparation,and its essential attribute is to make substantive preparations for the court trial,It is a mechanism of communication,consultation and handling in the form of meeting in which the prosecution,the defense and the trial jointly participate and promote.However,this feature has not been fully displayed in China’s pre-trial meeting,and the role of the defense in the pre-trial meeting has certain limitations.The legislative purpose of the system of pretrial meeting has not been fully realized.The purpose of the criminal procedure law is to punish crimes and protect human rights;the amendment of the criminal procedure law in 2018 also fully reflects the importance of human rights protection;the trial centered criminal procedure reform not only puts forward higher requirements for the substantiation of the trial.This paper analyzes the pre-trial meeting system from the perspective of the defense,in order to better play the role of the defense in the pre-trial meeting,better guarantee the rights of the defense,and really play a role in promoting the efficiency of the trial.This paper discusses from four parts.The first part,through the theoretical analysis of the provisions of the existing laws and regulations on the situation of the defense in the pre-trial meeting,combined with the existing basic legal framework,clarify the role of the defense in the pre-trial meeting,so as to promote the defense’s function and rights protection in the pre-trial meeting.The second part,from the perspective of practice,through the analysis of online cases of judicial documents,clear and real in practice,the defense’s participation in the operation of the pre-trial meeting and its role play are mainly analyzed and described.Based on the limitation of practice and self-sufficiency,the author takes lawyers as the research object,and through the way of inter volume investigation,it has an impact on the "defendant is a pre-trial meeting" and affects the participation of lawyers in the pre-trial meeting and whether the pre-trial meeting needs to make a decision for investigation and analysis,so as to find out the problems in practice,so as to better complete the system.The third part analyzes the application of the defense system in foreign countries,and takes it as a guide and combines with China’s national conditions,so as to find the essence to help improve our system.The fourth part,mainly for the defense in the application of pre-trial meeting of some deficiencies,combined with the actual situation of foreign countries and China,put forward relevant improvement suggestions.Starting from the basic rights of the defense in the pre-trial meeting,such as the right to participate and the right to know,to protect the rights and interests of the defense party;and from the evidence discovery system,although the evidence display is proposed in the pre-trial meeting procedures,I have not yet had a relatively perfect evidence disclosure system.In order to urge both the prosecution and the defense to actively disclose evidence in front of the court,the author will analyze the subject of evidence discovery,the scope of disclosure,the consequences caused by non-compliance and relevant remedies,and put forward the "conditional invalidity" system to standardize the evidence disclosure system,Since the implementation of the pre-trial meeting system,the effectiveness of the pre-trial meeting has always been a hot topic in the theoretical circle.The author puts forward his own views on this issue from the perspective of "giving the judge the general discretion and the effectiveness of the pre-trial meeting report";finally,based on the current situation that the pre-trial meeting is generally held in private,from the prespective of fairness,it analyzes the improvement of the supervision system of the pre-trial meeting.