审判中心视阈下庭前会议功能探析

On the Functions of Pre- court Meetings under the Perspectives of Trial- centeredness

我国庭前会议制度呈现出"职权性"、"形式化"相结合的"协商模式"特点。此种模式不仅有悖于提高庭审效率、促进庭审实质化的立法初衷,而且也难以落实以审判为中心的诉讼制度强化程序控制的基本要求。改革方案应当从推动"法院主导"向"当事人协同"转变入手,理顺庭审程序与庭前会议之关系,准确定位庭前会议乃"准备"程序之实质,在严格区分案件实体与程序基础上,构建实体准备与程序控制的二元功能结构。

In Chinese pre- court meeting system duties and rights are combined with forms as a model of negotiation. This model is detrimental to the efficiency of court trials and the purpose of promoting court trial substantiation. Neither is it good to the compulsory procedure control of proceeding system centered on trials. It is argued that the reform should change ＂court domination＂to ＂client coordination＂so that the relationship between court trial procedures and pre- court meetings can be well handles,the nature of pre- court meetings and even ＂preparatory＂procedures can be grasped,and the binary function structure composed of substantial preparations and procedure control can be created.