刑事审判庭前程序是一个具有标志意义的重要诉讼环节,其不仅能够限制检察机关滥用诉权,过滤不当起诉,而且能够合理分流案件,节约司法资源,提高庭审的质量和效率。然而我国目前的刑事审判庭前程序从实质来看处于基本缺失的状态,无论是立法规定还是司法经验都非常欠缺,许多问题都非常模糊,致使我国的刑事审判庭前程序没能发挥应有的作用;要改变这种现状,必须对我国的刑事审判庭前程序进行重新构建。 The pre-trial procedure of criminal trial is an important litigation link with symbolic significance. It can not only restrict the procuratorial organs abuse their rights of appeal, improperly prosecute, and can reasonably divert cases, save judicial resources and improve the quality and efficiency of trial. However, the current pre-trial procedure of criminal trial in our country is basically lacking in terms of law. Both the legislative provisions and the judicial experience are very deficient. Many of the problems are very vague. As a result, the pre-trial procedure of criminal trials in our country fails to play its due role To change this situation, we must reconstruct the pre-trial procedure of criminal trial in our country.