On Causes of Low Application of Pretrial Conference System in China and Its Coping Strategies

The pretrial conference system, as the mediatory procedure connecting the prosecution and court trial, was established in the newly-amended Criminal Lawin 2012.However, it has rarely been applied in the legal practice.The solution to such problem lies in the further creation in either theory or legislation.The procedural problems needed to be solved in the pretrial conference are either ordinary or important.For the ordinary procedural issues, the decision-making mode can be adopted.Nevertheless, for those which may exert great influence on the verdict, the joint-discussion pattern in favor of the defense can be taken.Meanwhile, the issues should be discussed, like the starting mode of the pretrial conference, judges presiding the conference and the defendant’s participation in it.This can help to perfect such system and increase its application.