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2012年《刑事诉讼法》修改后确立的庭前会议制度价值就在于实现集中审理,提高庭审效率和质量,提高检察法治化水平和检察公信力。目前,庭前会议制度已被司法机关作为促进司法诉讼化、繁简分流、非法证据排除、证据开示的得力手段而积极尝试。但是由于《刑事诉讼法》和最高人民法院《关于适用<中华人民共和国刑事诉讼法>的解释》(以下简称《高法解释》)对于庭前会议的相关规定过于原则,很多地区检察院都出台了适合本地区的《公诉人出席庭前会议实施细则(试行)》,本文就结合部分法律、司法解释和部分地方院关于庭前会议的实施细则,对庭前会议的完善制度做简要构想。检察机关的公诉部门作为庭前会议的参加方,即要面对工作量的增加,又要承担向辩方完全揭露证据底牌的风险,所以公诉部门应对庭前会议的准备工作也值做以思考。
The value of the pretrial system established after the revision of the “Criminal Procedure Law” in 2012 lies in realizing the centralized hearing, improving the efficiency and quality of trial, and improving the legalization of procuratorial work and procuratorial credibility. At present, the system of pre-trial meetings has been actively tried by the judiciary as an effective means of promoting judicial proceedings, simplifying and simplifying diversion, excluding illegal evidence and revealing evidence. However, since the relevant provisions of the “Criminal Procedure Law” and “Supreme People’s Court’s Interpretations on the Application of the Criminal Procedure Law of the People’s Republic of China” (hereinafter referred to as “Supreme Court Interpretation”) are premature for many pre-trial meetings, many district procuratorates have promulgated This article is based on the part of the law, judicial interpretation and some local institutions on the pre-trial meeting of the implementation details of the pre-trial meeting to perfect the system to do a brief idea. Prosecution prosecution departments as participants in the pre-trial meeting that is to face the workload increase, but also bear the risk of exposing the evidence card completely to the defense, so the prosecution department should also be prepared to pre-trial meeting is also worth considering .