法国预审制度在司法改革中的角色变迁

Development of the Pre-trial Practice in French Judicial Reform

法国预审以追求案件客观真实和惩罚犯罪为主要价值目标,为了实现分权制衡,防止预审法官权力过分集中,该制度从创立开始一直处于改革之中,预审法官的角色也在发生改变。关于预审法官仍存在诸多争议:一是预审法官同时享有侦查权和司法审查权;二是预审法官的权力过大且过于集中,制约机制明显不足;三是预审法官都是由法官组成,没有专门的侦查人员。法国预审制度应改变侦查权和司法审查权过于集中的状态,实现诉审分离。

The pre-trial in France takes case objectivity and criminal punishment as its priority to realize the decentralization or prevent the over-centralized power of pre-trial judges. Since its establishment, the pre-trial practice has been in reform and changes, so is the role of pre-trial judges. There are many disputes on the judges, for they have the power of investigation and judicial review at the same time. Secondly, the power of pre-trial judges is centralized and maybe overused without a restriction mechanism. Thirdly, the pre-trial judges are mainly from judges, not professional investigators. The power centralization of investigation and judicial review in French pre-trial should be changed to separate suing from the trial.