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公诉案件起诉卷宗移送制度作为刑事审判制度的重要内容,世界主要法治国家根据各自诉讼构造形成了案卷移送主义和起诉状一本主义两种主要模式,两种模式都强调阻却法官预断。我国《刑事诉讼法》多次修改,近期《刑事诉讼法修正案》(草案)拟又实行案卷移送主义,但我国阻却法官预断的相关配套机制尚未形成。本文在比较分析基础上,以修法中拟实施的案卷移送主义模式为视角,探讨如何健全适合我国国情的法官预断阻却相关机制。
As the important content of the system of criminal trial, prosecutors prosecute the system of transferring dossiers. The two main models of the system of transferring doctrine and prosecution petty doctrines are formed by the major rule of law countries in the world based on their respective litigation structures. The Criminal Procedure Law of our country has been amended many times. Recently, the “Criminal Procedure Law Amendment” (draft) proposes to implement the case transfer doctrine again. However, the relevant supporting mechanisms that prevent the judge from predicting the situation have not yet been formed. On the basis of comparative analysis, this paper attempts to explore how to perfect the mechanism of judge prejudice blocking that suits our national conditions in the perspective of file transfer doctrine.