CAJ | 학술논문

为了促进集中审理的实现，2012年刑事诉讼法增设了庭前会议程序。从规范分析的视角可见，该程序主要处理与审判相关的程序性争议，具有证据开示、非法证据排除、争点整理、沟通说服、程序分流和调解和解等六项功能。庭前会议既为集中审理做准备，又间接过滤不当起诉，以保障人权。通过样本分析可见，某些地方的司法机关将庭前会议中的证据异议等同于法庭质证，赋予庭前会议以裁决效力，这反映出司法实务部门过度追求效率的倾向。庭前会议制度的生长，应当在程序法定原则之下，既尊重庭审的中心地位，保持庭前会议与庭审的平衡，又充分释放其功能和影响，实现效率的最大化。
위료촉진집중심리적실현，2012년형사소송법증설료정전회의정서。종규범분석적시각가견，해정서주요처리여심판상관적정서성쟁의，구유증거개시、비법증거배제、쟁점정리、구통설복、정서분류화조해화해등륙항공능。정전회의기위집중심리주준비，우간접과려불당기소，이보장인권。통과양본분석가견，모사지방적사법궤관장정전회의중적증거이의등동우법정질증，부여정전회의이재결효력，저반영출사법실무부문과도추구효솔적경향。정전회의제도적생장，응당재정서법정원칙지하，기존중정심적중심지위，보지정전회의여정심적평형，우충분석방기공능화영향，실현효솔적최대화。
In order to realize concentrated trial of cases, the amended Criminal Procedure Law pro vides for the procedure of pretrial conference. A normative analysis of pretrial conference shows that the procedure mainly deals with trialrelated procedural disputes in a way that allows the parties to disputes to seek common points while reserving their differences. Pretrial conference has six func tions ： discovery of evidence, exclusion of illegal evidence, organization of disputed issues, communi cation and persuasion, diversion of procedures, and mediation and conciliation. The purposes of pre trial conference are to prepare for concentrated trial and to indirectly filter out unfounded criminal prosecutions, so as to protect human rights. Sampling analysis reveals the tendency of excessive pur suit by local judicial organs of efficiency by equating objection to evidence in pretrial conference with crossexamination in court and by regarding pretrial conferences as part of trials. Pretrial conference is preceded by initiation and review of public prosecution and followed by court trial. It has a broad space for radiation and a powerful influence because of its connections to other criminal procedures and mechanisms such as withdrawal, jurisdiction, defense, discovery of evidence, exclusion of ille gally obtained evidence, attendance of witness in court, and criminal mediation in public prosecution cases. In the construction of pretrial conference system, the government should, in conformity with the principle of procedural legality, respect the central role of court trial and strike a balance between pretrial conference and court trial while giving full play to the role of pretrial conference in maximizing judicial efficiency.