The Efficiency Dilemma and Solution of the Pretrial Conference System in Chinese Criminal Litigation
Journal: International Journal of Scientific Engineering and Science (Vol.7, No. 4)Publication Date: 2023-04-15
Abstract
The pretrial conference system is an important measure to promote the substantive trial, but in practice, it is confronted with the game between efficiency and anti-efficiency, resulting in the system can not play its role fully. The reason is that the efficiency value of criminal proceedings should be subordinate to the value of justice, the lack of specific procedural guidance, and the system of diversion mechanism, evidence display, and exclusion of illegal evidence is not perfect. Lack of legal effect and responsibility protection mechanism. Taking China's current laws and regulations as reference, this paper studies the current situation of China's pretrial conference system, analyzes the causes of efficiency dilemma, finds out the existing defects of the current system, and puts forward targeted solutions, such as improving the corresponding supporting system, strengthening the legal effect, and establishing the responsibility system, so as to create an efficient and perfect pretrial conference system
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Last modified: 2023-06-01 20:00:03