RESEARCH ON RULES IN PRETRIAL CONFERENCE (FROM THE VISUAL ANGLE OF THE PROCEDURE OF PRETRIAL CONFERENCE IN CRIMINAL PROCEDURE LAW OF PRC)
Journal: The Way of Science (Vol.1, No. 22)Publication Date: 2015-12-29
Authors : Li Jiangtao;
Page : 58-62
Keywords : pretrial conference; convening power; confrontation; illegal evidence;
Abstract
Pretrial conference system, which is a transitional procedure between prosecution and trial, has become an important direction of the criminal procedure reform. Meanwhile, pretrial conference system also reflects the diversity of the procedure value. Currently, the courts enjoy the independent "convening power" of pretrial conference, while prosecutors and defenders shall also be given the right to hold the pretrial conference. Furthermore, the trial judge shall not concurrently host the pretrial conference so as to avoid the increasing confrontation between defenders and procurators in subsequent formal trial. In the pretrial conference, a special link to the review of illegal evidence should be set up and some targeted illegal evidence exclusion rules in pretrial conference should also be established as soon as possible. In this article, the pretrial conference system of Criminal Procedure Law of PRC will be introduced and relevant issues will also be discussed.
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