| 英文摘要 |
Regarding the actual operation of criminal pretrial conference procedure in present Taiwan, We will find that the actual operation does not response to the original purpose of criminal procedure law. The probable reason might be, there have no eager demands to achieve continuous and oral trial in the tribunal that composed only by professional judges. However, continuous and oral trial is the basic spirit of criminal procedure law, moreover, to meet the demands of lay judges in tribunal, as Taiwan introduce the lay participation in the nearly future, continuous and oral trial will have higher necessity. From this viewpoint, the pretrial conference procedure should play more important role in criminal procedure. Therefore, the pretrial conference procedure should not only deal with the claims of the investigation of evidence, or the opinions of admission of evidence. Furthermore, we should make systematic classification of issues ,base on the classification of issues, make the classification of evidence, In necessary, deal with the selection or combination of evidences in pretrial conference procedure. Accordingly, make the project of formal trial. With the results of pretrial conference procedure, to provide a continuous, speedy ,planned trial, and help tribunal make conviction correctly.
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