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我国应设立刑事审前法官,介入刑事审前程序。刑事审前法官应单独建制,并严格控制其资质条件。刑事审前法官主要行使以下权力:审查强制侦查、未决羁押是否合法适当,审前公诉案件是否符合开庭条件,组织控辩双方进行证据交换,整理和固定争点,排除非法证据,救济辩方取证,并进行其他程序性行为。刑事审前法官制度应有相应的权力运作模式。
China should set up a criminal trial judge to intervene in criminal pre-trial proceedings. Criminal trial judge should be formed separately, and strictly control the qualification conditions. The criminal trial judge mainly exercises the following powers: examining whether the compulsory investigation and the pending detention are lawful and proper, whether the trial prosecutions are in line with the conditions of the hearing, organizing the prosecution and the defense to exchange evidence, organize and fix the disputes, rule out illegal evidence, and rescue the defense to collect evidence , And conduct other procedural acts. The criminal trial before the judge system should have the appropriate mode of operation of power.