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庭前准备程序为审判活动的公正、高效进行提供了重要的保证。通过庭前准备程序,控辩双方的诉讼参与权得以实现,案件争议焦点得以明确,非法证据被排除在法庭之外。目前我国的刑事诉讼庭前准备程序存在诸多不足,如权利告知和整理争点的功能欠缺,证据开示的规则并不完善,控辩双方参与庭前准备的作用被弱化。为了实现公正审判等诉讼理念,应当对我国的庭前准备程序进行重构,以发挥其对审判活动的重要作用。
The pretrial preparation procedure provides an important guarantee for the fair and efficient conduct of the trial activities. Through the pre-court preparation procedure, both the prosecution and the defense parties’ right to participate in the litigation can be realized. The focus of case dispute is clear and illegal evidence is excluded from the courtroom. At present, there are many shortcomings in the preparatory process of criminal procedure in our country, such as the lack of function of informing and arranging disputes, the imperfect rules of evidence discovery and the weakening of the participation of both prosecutors and defendants. In order to realize the concept of litigation, such as fair trial, we should reconstruct the preparation process in our country to play its important role in trial activities.