Study on the Application of the System of Pretrial Meetings

DOI

10.2991/emle-18.2018.153How to use a DOI?

Keywords

criminal proceedings; pretrial meetings; illegal evidence; preparatory procedures

Abstract

As an important part of pretrial procedure preparation, pretrial meeting is very important for improving litigation efficiency and guaranteeing procedural and substantive justice. From a functional point of view, pre-trial meetings can decide procedural items, exclude illegal evidence, sort out evidence and clarify the focus of the dispute. However, there are still many problems in the application of the system of pre-court meeting, such as the scope of application of pre-court meeting, participants, legal effect, and the exclusion of illegal evidence. In this case, the study of the pre-trial meeting can make legislators have a clear expectation of this system, not only can effectively improve the efficiency of litigation, save judicial resources, but also help to improve the pre-trial meeting of the judicial system. As an important part of judicial activities, the pre-trial meeting is not only a preparatory part of the trial, but also has its own relative independence. Pre-trial meetings have many functions, including understanding facts, identifying problems, enriching trials, and promoting reconciliation and mediation. The empirical study of the pre-court meeting shows that the active research of the local court provides rich practical experience for the application of the pre-court meeting. Starting from the concept and characteristics of the pre-trial meeting, this paper makes a comprehensive study of the application of the system of pre-trial meeting in China, analyzes the shortcomings of the application of the system of pre-trial meeting in China, analyzes the causes of these problems from the legal point of view, and puts forward some suggestions for improvement.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Jiang Haojun
PY  - 2018/12
DA  - 2018/12
TI  - Study on the Application of the System of Pretrial Meetings
BT  - Proceedings of the 4th International Conference on Economics, Management, Law and Education (EMLE 2018)
PB  - Atlantis Press
SP  - 801
EP  - 806
SN  - 2352-5428
UR  - https://doi.org/10.2991/emle-18.2018.153
DO  - 10.2991/emle-18.2018.153
ID  - Haojun2018/12
ER  -