我国目前的庭前审查程序是,程序性审查为主,移送起诉即非起诉状一本主义,也非全卷移送主义。此种庭前审查程序具有片面性和单一性,存在着程序封闭,透明度低,容易使法官形成预断,不利于被告人诉讼权利的保护等弊端。鉴于此,笔者在分析国外庭前审查程序的基础上,分析公诉案件所应具有程序过滤、程序分流和备审三大功能。进而提出我国庭前审查程序完善的建议,建立独立的预审机制,对案件进行全面审查,预审模式采用混合模式,仅允许对证据的可采性进行对抗性辩论。 The current pre-trial review procedure in our country is mainly based on procedural censorship. That is, the transfer of prosecutions is non-prosecutorial one-doctrine, nor is it the entire volume of transfer doctrine. Such pre-trial review process is one-sided and unitary. There is a drawback of procedural closure and low transparency, which makes it easy for judges to make predictions and is not conducive to defendants’ litigation rights. In view of this, on the basis of analyzing the forensic examination procedures in foreign countries, the author analyzes the three functions of procedural filtering, procedural diversion and preparation for prosecution. And then put forward our country’s pre-trial review process to improve the proposal, the establishment of an independent pre-trial mechanism to conduct a comprehensive review of the case, the pre-trial model using a hybrid model, allowing admissibility of evidence adversarial debate.