从风险承担角度谈谈中国刑事诉讼中庭前会议的必要性及其完善

Analyses of Necessity and Improvement of Pretrial Conference in Chinese Criminal Procedures from Perspective of Risking-taking

修订后的《刑事诉讼法》实施快一年了,对于其确立的庭前会议制度也经历了一个过程,本文着重从风险承担的角度分析了庭前会议制度设立前的刑事诉讼中三方的风险承担问题,进一步指出现行庭前会议制度的不足与缺陷,结合美国和德国两个典型的法治发达国家的有关庭前会议制度的相关规定,对于降低三方风险承担从三个方面提出了建议。

It has been nearly a year since the revised Criminal Procedure Law came into effect, and a pretrial conference system was offi cially erected. This paper analyzes the problem of risks taken by the three parties involved in the criminal procedure before this system was introduced, and points out that there are still some drawbacks with the system. The paper borrows insights from practices in America and Germany, the two legally advanced countries, and puts forward three proposals to reduce the risks.