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新《刑事诉讼法》第182条确立了庭前会议的法律基础,而随后出台的两高的司法解释仅做出初步规定,过于粗疏不足以指导司法实践,各地为满足司法实践的需要争相制定了实施细则。实践中,由于上位法语焉不详乃至实践经验的稀缺,诸如庭前会议的启动、参与人、效力等关键性问题,常出现各地规避难题,或只着眼于当地实践需要,制定出相异甚至矛盾之规则的现象。本文在大量考察各地方出台的庭前会议的实施细则或草案的基础上,就庭前会议程序中重大又具争议的几个具体问题,通过理论分析给出意见。
Article 182 of the new Code of Criminal Procedure establishes the legal foundation of the pre-trial meeting. However, the two judicial interpretations that followed were only tentatively stipulated. Too far from being sufficient to guide judicial practice, various localities competed to meet the needs of judicial practice Developed implementation rules. In practice, due to the lack of knowledge and experience of the upper-level French scarcity, key issues such as the start-up, participants and effectiveness of the pre-trial meeting often appear to circumvent the difficult problems in various places, or only focus on local practical needs and make differences or even contradictions The phenomenon of the rules. Based on a large number of detailed rules and drafts of the pre-trial meetings promulgated by various localities, this article gives opinions through theoretical analysis on a few specific and controversial issues in the pre-trial proceedings.