中国刑事庭前会议制度新探

초록

The pre-trial conference system is an important part of China's "promoting the trial-centered criminal litigation system reform". It enhances the substantive and intensive nature of the trial, promotes the efficiency of trials, guarantees the quality of trials, and ensures the effective and smooth trial. crucial. However, while affirming the creation of the pre-trial meeting, we should see that the pre-trial conference system is only a budding. The extensive design and procedural function of the legislation has brought a series of problems to the judicial practice, such as the existence of institutional function positioning. Unclear, unclear matters of handling, low application rate and omissions in the process of the program, the pre-trial conference system did not play its due value, there is still a lot of room for development and possibilities. The extra-territorial criminal pre-trial procedures have developed rapidly and become the core of the criminal pre-trial proceedings of the two major legal systems. They are prevalent in the rule-of-law countries, and the resolution of procedural matters has become the greatest common denominator of pre-family procedures in various countries. Therefore, it is imperative to re-integrate and improve the pre-trial conference system that is compatible with the court-based centralism on the basis of useful exploration of the pre-territorial court procedures, and play the role of “filter” and “firewall” in the pre-trial conference system trial. Scientifically grasp the theoretical basis of the pre-trial conference system, standardize the basic content of the pre-trial conference, and provide the conditions for the accused to plead guilty and to plead guilty. Refine the pre-trial conference procedures, improve the matching mechanism of pre-trial conferences, promote the construction of “smart courts”, improve the level of judicial informatization, conduct more rational design of pre-trial conference systems, and continuously explore and improve in practice. Realize the centralized trial and the substantive nature of the trial, and greatly improve the quality of criminal trials.

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