庭前会议规则制度重构初探——以推动我国庭审实质化为视角

On the reconstruction of pre-court meeting rule——Taking the perspective of promoting the substantive trial in China

从2012年《刑事诉讼法》修改到"两高三部"颁布《关于推进以审判为中心的刑事诉讼制度改革的意见》,庭前会议规则作为一项代表着进步、高效、合理的刑事诉讼制度被确定下来,并在其适用过程中发挥着公平和效率的功能,保证了法庭的庭审实务性。然而,庭前会议规则出台四年以来,全国各地司法机关对其使用率极低、功效发挥不明显等特点逐渐凸显出来,甚至某些基层法院将庭前会议规则作为"花瓶法条"从未付诸实践。从我国庭前会议规则的实操状况出发,结合审判中心主义,推进庭审实质化,以期对发生问题的缘由予以分析并提出制度重构的设想。

From the amendment of Criminal Procedure Law in 2012 to the promulgation of ＂on the promotion of the trial-centered reform of criminal proceedings system＂ by the ＂Two Highs and Three Departments＂, the pre- court meeting rule as a representative of the progressive, efficient and reasonable criminal procedure system is determined and plays a fair and efficient function in the course of its application,to ensure the court＇s practicality. However, since the introduction of the pre-trial meeting rule for four years, few uses, indistinct effects and other features have been gradually highlighted in the judicial organs in China. Some grass-roots courts have never put it into practice,but as a ＂vase law＂. This paper analyzes the causes of the problems and puts forward the idea of system reconstruction, starting from the actual operation of the pre-court meeting rule in China and combining with the trial-centered thoery to promote the substantive trial.