英国21世纪的刑事司法改革——兼论对我国的借鉴与启示

The Criminal Justice Reform of UK in 21th Century

此次英国的刑事司法改革很有特点,涉及人权、宪政、诉讼、公正等诸多理念的改变。确立了有利于证人作证、有利于被害人公正、有利于国家控诉和审判、有利于警察出庭等极赋人性化的改革原则,以最大程度地实现社会公正、更大程度地确保公众安全。为此,英国通过宪政改革,首先实施了“三权分立”的体制与模式,接着对具体制度进行了大胆革新。

The reform of criminal justice in England mentioned below has some interesting characteristics.Which involve such changes of concepts as the human rights, the recognized model in the constitution, the litigation decisions and the justice etc. Furthermore, it has established the principles of reform which are exhibiting more human- oriented elements than before for example the convenience afforded to witnesses supplying evidence, the justice afforded to victims, the convenience of prosecuting and bringing defendants to trial and making it increasingly convenient for the police to testify in court. The purpose of such reform is to accomplish social justice to the most extent and guarantee the public safe in higher degree. Thus, they reformed the constitution. First, they achieved the system and model of “the separation of powers between 3 bodies”. Then they are brave to innovate the systems in details.