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为了提高刑事诉讼效率,在司法实践中实现集中审理原则,我国于2012年修改刑事诉讼法时增设了庭前会议制度。而后,最高院的司法解释、最高检的刑事诉讼规则进一步明确了庭前会议制度的内容,但是仍需要对该制度进行完善。在司法实务中,一些地方的司法机关也出台了关于庭前会议的工作机制性文件,个别内容竟然突破了法律的规定。鉴于此,本文认为有必要对庭前会议制度进行梳理和分析,以便于统一法律适用、促使庭前会议能够科学规范地运作。
In order to improve the efficiency of criminal procedure, the principle of central hearing in judicial practice has been realized. In our country, when the Criminal Procedure Law was amended in 2012, a pre-trial meeting system was established. Later, the judicial interpretation of the Supreme People’s Court and the rules of criminal procedure of the Supreme People’s Procuratorate further clarified the contents of the pretrial system, but the system still needs to be perfected. In judicial practice, the judiciary in some places also promulgated a working-mechanism document on the pre-trial meeting, and some of them broke the law. In view of this, this article thinks it is necessary to sort out and analyze the pretrial system in order to facilitate the uniform application of laws and promote the pre-trial meeting to operate scientifically and normly.