庭前会议程序的衔接机制研究

The Study of Cohesive Mechanism of Pretrial Conference Procedure

通过对法院适用庭前会议制度的实证调查发现,证据展示不充分、程序问题重复解决、非法证据排除效率低下、争点整理困难以及会议内容杂乱是当前存在的五大主要问题。其根源在于庭前会议作为承前启后的程序,与其他庭前准备程序和庭审程序衔接不畅,严重影响了其功能的发挥。要消除这种阻塞,就必须从理论上区分证据展示与质证、诉讼化庭前准备程序与非诉讼化庭前准备程序的概念,同时理清法律效力与合意效力的关系,最终从其他庭前准备程序和庭审程序两个方面来完善衔接机制,畅通程序,提高刑事诉讼的整体效率。

By conducting empirical study of courts＇ practice of pretrial conference, five main problems are proved to exist in current pretrial conference system： deficient disclosures, repeated judgment of procedural issues, inefficient illegal evidence exclusion, difficult issue spotting and complex conference contents. These problems significantly impact the effects of the system. The underlying reason is that the pretrial conference, as a procedure in between, doesn＇t connect well with other pretrial preparation procedures and with the trial itself. In order to make a better cohesive mechanism, there must have a theoretical distinction between disclosure and cross - examination, and between pretrial preparation for litigation and pretrial preparation for non - litigation. Furthermore, the relationship between the force of law and the force of autonomy of will should be recognized. After that, the perfection of other pretrial preparation procedures and trial procedures would help to complete the cohesive mechanism. As a result, procedures as a whole would proceed fluently and enhance the efficiency of criminal procedure.