| In order to realize concentrated trial of cases, the amended Criminal Procedure Law provides for the procedure of pretrial conference. A normative analysis of pretrial conference shows that the procedure mainly deals with trial-related procedural disputes in a way that allows the parties to disputes to seek common points while reserving their differences. Pretrial conference has six functions: discovery of evidence, exclusion of illegal evidence, organization of disputed issues, communication and persuasion, diversion of procedures, and mediation and conciliation. The purposes of pretrial conference are to prepare for concentrated trial and to indirectly filter out unfounded criminal prosecutions, so as to protect human rights. Sampling analysis reveals the tendency of excessive pursuit by local judicial organs of efficiency by equating objection to evidence in pretrial conference with cross-examination in court and by regarding pretrial conferences as part of trials. Pretrial conference is preceded by initiation and review of public prosecution and followed by court trial. It has a broad space for radiation and a powerful influence because of its connections to other criminal procedures and mechanisms such as withdrawal, jurisdiction, defense, discovery of evidence, exclusion of illegally obtained evidence, attendance of witness in court, and criminal mediation in public prosecution cases. In the construction of pretrial conference system, the government should, in conformity with the principle of procedural legality, respect the central role of court trial and strike a balance between pretrial conference and court trial while giving full play to the role of pretrial conference in maximizing judicial efficiency. |
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