论我国的庭前审查程序改革

On the Reform of Examination Procedure Before Trial in China

我国庭前审查程序没有能排除预断 ,也不利于庭审的准备和辩护权的保护。庭前审查程序功能在于防止公诉权的滥用和为审判作准备 ,审查范围限于性质较重的案件 ,审查模式有职权式与对抗制。我国庭前审查范围上限于重罪、功能上能分流案件、程序上有独立性并有利于庭审进行、审查方式为混合式 。

The examination procedure before trial doesn't rule out prediction,and doesn't do good to preparation for the trial or protection of right to defence.The function of the examination procedure before trial is to prevent right to public prosecution being abused and to make preparation for the trial.Examinations are within the umit of serious cases.The pattern is on authoritative and antagonistic basis.It is within serious crimes in limit;the cases are separated in function,It is independent in procedure;The way of examination is a mixture.There is relief system for the result of examination.