最近,对于我国刑事庭前审查程序,有相当多的学者主张建立法官预审制,以对不当追诉进行制约。本文认为,法庭的中心职能是审判,而不是监督,审判权对公诉权的制约主要应该体现在对证据不足的案件宣布无罪。实践中,不当追诉的根由并不能由法官预审制根除,要根本杜绝法官预断,不是增加法官预审程序所能解决的。法官预审制并不能充分体现“分权与制衡”及“程序正义”的基本要求。 Recently, quite a lot of scholars advocate the establishment of the pre-trial system for judges in order to control the inappropriate prosecution. This article argues that the court’s central function is to judge, not to supervise, and the power of judicial power to prosecutorial power mainly lies in the acquittal of cases of insufficient evidence. In practice, the root cause of improper prosecution can not be eradicated by the pre-trial judge, we must root out the judge to predict, not to increase the pre-trial proceedings can be resolved by the judge. The pre-trial judge system does not fully reflect the basic requirements of “decentralization and checks and balances” and “procedural justice.”