刑事自诉、公诉案件庭前审查程序比较

庭前审查是刑事案件正式庭审的必经程序,但我国公诉、自诉案件庭前审查程序的运作方式却存在明显的矛盾,与正当程序应具有的涵义相去甚远,这不仅可能使公众对法律的理性产生怀疑,并会将法律的运行置入尴尬。

Inspection Process of the Criminal Cases of Private Prosecution Prior to the Court Trial

Inspection prior to the normal court trial boasts the due process of the criminal cases.Nevertheless,some obvious contradictions are exposed both in the very cases launched by the public prosecution organs and in private prose- cution cases prior to the court trial.Such contradictions are widely deviating from what the justice process requires,which may incur not merely the suspicion of legal rationality from the public but also the embarrassing consequences where the law is being enacted.