刑事庭前会议制度之检讨

A Review of the Criminal Pretrial Conference

刑事庭前会议制度系2012年刑诉法的一项创设,旨在提高庭审的效率和质量。从比较法的角度看,刑事庭前会议类似于域外的刑事审前准备程序,主要负责解决程序性事项。中国引入刑事庭前会议制度是一大进步,但在制度性质、程序效力以及程序机制等方面存有缺陷,新近发生的热点案件表明实务人员对这一制度的运用尚存误解。立足实践问题,结合域外经验,中国刑事庭前会议制度仍有进一步完善的空间。

The criminal pretrial conference, which was created in the new criminal procedure law ratified in 2012, aims at improving the efficiency and quality of the trial procedure. In the comparative law, it is a procedural mechanism similar to the criminal pretrial preparation procedure in other countries, which is created to settle the procedural issues. It is a huge improvement to introduce this new mechanism. However, it has many defects in its nature, effects and the regulations, reflected in the important cases recently. Accordingly, Chinese criminal pretrial conference still has to be improved, based on the practices and the foreign systems.