审前准备程序的建立与完善

On Establishment and Improvement of Pretrial Preparatory Procedure

比较西方各国的审前准备程序立法,我国的审前准备程序存在准备活动以法官为主体、准备内容上没有交换证据、归纳争点等实质性内容。为此,应从三个步骤构建我国的审前准备程序:起诉和答辩;审前证据交换和审前会议;另外还需建立举证时限制度和准备法官负责制度。

By comparing of the legislation on the pretrial preparatory procedure in western countries, it is clear that the procedure in China is of special characteristics, namely, the preparatory activities is centered by the judge and no evidence exchange and disputes summing up involved in the procedure. It is accordingly proposed that Chinese pretrial procedure be constructed by taking efforts on steps as follows: prosecution and defense, pretrial evidence exchange and pretrial meeting, and the establishment of the system of time limits for producing evidence and that of responsible quasi-judge. 