庭前会议制度的适用与建构——以京沪两地的庭前会议实践为视角

Implementation and Contruction of Pretrial Conference System——A perspective of pretrial conferences' practice in Beijing and Shanghai

庭前会议作为新刑诉法规定的一项承接审前和审判程序的中间程序,发端于国外的庭前准备程序,并在我国基层司法实践中有着十余年的试点运行,对其正式入法后实施过程中京沪两地的实践运行状态进行分析,发现其适用范围较窄,距离所承载的公正和效率价值尚有一定差距。未来庭前会议制度的完善应从充实内容和解决关键问题两方面入手,内容除涵盖现有的庭审程序性问题外,还应关注羁押必要性审查等程序问题,并重点对积极抗辩理由审查、辩诉交易、刑事和解、证据开示、争点整理、变更指控罪名等实体问题加以解决;而制度构建中的被告人参与保障、庭前会议主持者身份、庭前会议效力等关键问题也同样需要明确。

Pre-trial conference as a intermediate procedure from pre-trial and trial provided by the new Criminal Procedure Law, is originating of pretrial preparation procedures abroad, and has more than ten years of running a pilot grassroots judicial practice in our country. Studied on its formal implementation process into law practice running in Beijing and Shanghai, found that the narrow usage and lackness of fairness and efficiency were usually. In the future to improve the pretrial conference system, we should enrich the content and addressment on key issues, in addition to covering the contents of the existing court procedural issues, but also concerned about the need to review detention and other procedural issues, with an emphasis on active defense review plea transaction reconciliation, evidence discovery, finishing point of contention, change the substantive issues to be addressed, such as accusation; while the defendant to participate in construction of the system security, the key issue pretrial conference presiding identity, potency and other pre-trial conference also need to be clear.