关于完善我国刑事诉讼模式的几点建议——基于人权保护原则

Several Suggestions about the Perfection of the Model of the Criminal Process in China——Based on the principle of the protections of the human rights

我国现行刑事诉讼模式虽然吸收了一些当事人主义模式的因素,但是其总体上还是属于职权主义模式,并且带有一些审问式的色彩。从长远利益看,这并不利于保护人权。根据刑事司法的实际条件和现实可能性,在保障人权的前提下,避免当事人主义诉讼模式和职权主义诉讼模式存在的利益机制失衡,使我国的刑事诉讼模式与时俱进并适应我国的法治化进程,以切实调整好公共安全、整体利益、个人利益之间的关系。最终实现在保障人权的前提下惩罚犯罪的刑事诉讼价值。

Although some factors of adversarial system were assimilated on the model of the criminal process in China, which still reside in inquisitorial system model in its essentials. In the long run, this situation should weigh against the protections of human rights. In accordance with the conditions and practicability of criminal judicatory,we should avoid the unbalance between the litigantism and provincism, make the development of model of the criminal process adapt to the progress of rule by law in China. All will be well, after the things said above had lone.