论刑事侦查执法理念的重构

Tentative Exploration into the Reconstruction of the Concept on Law Enforcement of Criminal Investigation

"社会主义司法制度必须保障在全社会实现公平和正义。"这是新世纪新阶段我国司法制度改革的价值追求。作为司法制度重要组成部分的刑事侦查制度,同样,面临与时俱进,开拓创新的问题,作为刑事执法理念必然会在多方面发生变革。本文提出刑事执法的价值观要从专政工具论转向多元平衡论、正义观从偏重实体正义转向实体与程序并重、侦查观从查明事实转向法律真实、证据观从依赖人证转向强调可采信的社会证据和司法观从侦查为中心转向以公正审判为核心的理念,从我国刑事侦查制度改革角度出发,力求为我国刑事执法制度改革提供理论资源和观念平台。

'Socialist judicial system must ensure the realization of fairness and justice in the whole society .' This is the value-oriented pursuit of the reform of the judicial system in the new century and new stage in China. As an important part of the judicial system, the system of criminal investigation also faces the issue of advancing with the times while making innovation in a pioneering spirit. There will surely be transformation in many aspects with regard to the concept on the law enforcement of criminal cases. As proposed by the paper, values of the law enforcement of criminal cases should be turned from those of the instrument of dictatorship into those of multi-polar balance, while the concept of justice with more importance to entity justice should be turned into entity and procedure with equal importance. Besides, the concept of investigation should be turned from investigating facts to seeking legal truth, the concept of evidence should be turned from relying on human witness to reliable social evidence as an emphasis and the concept of justice should be turned from investigation as the center into fair judicial trial as the core. Based on the reform of the system of criminal investigation in China, greater efforts should be made to provide theoretical resources and a conceptual platform to the reform of law enforcement of criminal cases of our country.