刑事诉讼庭前准备程序的反思与重构

Introspection and Re-establishment of Procedure of Pre-trial Preparation

庭前准备程序为审判活动的公正、高效进行提供了重要的保证。通过庭前准备程序,控辩双方的诉讼参与权得以实现,案件争议焦点得以明确,非法证据被排除在法庭之外。目前我国的刑事诉讼庭前准备程序存在诸多不足,如权利告知和整理争点的功能欠缺,证据开示的规则并不完善,控辩双方参与庭前准备的作用被弱化。为了实现公正审判等诉讼理念,应当对我国的庭前准备程序进行重构,以发挥其对审判活动的重要作用。

Procedure of pre-trial preparation provides a significant assurance for the justice and efficiency of the trial.The procedure of pre-trial preparation is a procedure in which the prosecution and the defendant can show their evidences,find out and assemble their disagreements under the judge＇s control,and in which the judge can review the qualification of the evidence,and decide to preserve the relevant evidence.According to these preparatory activities,both the public prosecutors and the accused can exercise their rights of participation in criminal proceedings effectively,and disagreements of the two parties about the case will be clear,and illegal evidence will be excluded before the court session opens.There are deficiencies in current criminal pre-trial procedure of China.The functions of informing of the procedural rights and assembling the disagreements don＇t work well,and the rules of evidence display still have a series of defects.While the work prepared for the re-amendment of the criminal procedure law has been already accomplished in the purpose of achieving procedural values such as justifiable trial,it is right the time to re-establish the pre-trial procedure of China.Only in this way,can the procedure of pre-trial preparation deeply affect and greatly accelerate the court session.