“异地法官本地审”刍议

Local Trial by Allopatry Judges “The Disguise of Designate Jurisdiction to Trial Off-site”

刑事案件异地审判,其目的在于排除案外因素干扰,保障司法公正。异地审判在实践中发挥积极作用的同时,也存在造成诉讼迟延,增加被告人诉讼负担,异地补充核实证据不便等问题。结合指定管辖的现有规定,构建"异地法官本地审"模式,由犯罪地办案机关负责案件侦控工作,上级法院指定管辖后,受案法院选派法官前往犯罪地审理案件,以此有效提高诉讼效率,节约司法成本,方便诉讼参与人参加诉讼。

The purpose of trial off-site of criminal cases is to eliminate the interference of extrajudicial factors and ensure judicial justice.While the trial off-site plays an active role in practice,it also has some drawbacks,which can easily cause litigation delay,increase the litigation burden of the defendant,and make it inconvenient to supplement and verify evidence from allopatry.The existing problems are related to the emphasis on the regional correspondence of the prosecution and trial organs in China’s jurisdiction system,and the litigation structure of the division of responsibilities among public security,procuratorate and court of law.Combining with the existing provisions of designated jurisdiction,the mode of"local trial of judges in different places"is constructed.The case-handling organ in crime place is responsible for the investigation and accusation of cases.After the higher court designates jurisdiction,the judges are appointed by the case-receiving court to try cases in the place of crime,so as to effectively improve the litigation efficiency,save economic costs and facilitate the participation of litigants.