论我国刑事诉讼审前司法审查范围的确定

Determination of the Scope of Pre-Trial Judicial Review in Criminal Litigation in Our Country

刑事诉讼中,科学的审前司法审查制度可以防止侦控机关滥用追诉权力,保护被追诉人的合法权利,审前司法审查范围的确定是这一制度构建的前提和基础。审前司法审查范围的确定,必须统合考虑审前司法审查制度自身的内在要求及其赖以运行的外在因素,将所有可能侵犯被追诉人宪法性权利的追诉行为都纳入到我国审前司法审查的范围之中来。

In criminal litigation, a scientific pre-trial judicial review system can prevent investigation and prosecution authorities from abusing prosecution power and protect legal rights of the accused. Determining the scope of pre-trial judicial review is the basis and prerequisite for building such a system. The determination of the scope of pre-trial judicial review needs our overall consideration of inherent requirements of the pre-trial judicial review system itself and external factors for its running. Everything to do regarding a prosecution that might infringe constitutional fights of the accused is to be placed into the scope of the pre-trial judicial review in our country.