论刑事诉讼权力配置的均衡

On the Counterpoise of Power Configuration in Criminal Justice Procedure

刑事诉讼权力配置的均衡不是指侦查、检察、审判三者权力的等量性,而是指三种权力的相互制约关系,足以使其对权利的不合法、不合理侵害降低到最低的一种状态。以此为标准检视我国刑事诉讼权力配置制度之不足,我们认为应当建立和完善如下制度:建立健全检察监督与检察控制机制,促进侦查、检察权力的均衡;完善控诉、审判互控机制,促进控诉、审判权力的均衡;建立司法审查制度,将司法权引入侦查阶段,实现侦查、审判权力的均衡。

To counterpoise powers in criminal justice procedure doses not mean that the powers granted to constabulary, procurators, and judiciary have to be equal in quantity. It refers to the state that their mutuality in character of restricting one another leads to decreasing in largest degree illegal and illegitimate infringement to parties＇ rights. Based on the standard, finding out the shortcomings sunk into the system of configurating powers in criminal justice procedure, some systems should be constructed and perfected, such as the system of the procuratorial supervision and procuratorial control to promote equilibrium between constabulary and procurators＇ powers; the mechanism of mutual restriction between procurators and judiciary to boost up the counterpoise between procuratorial power and jurisdiction; and the system of judiciary censor which inducts the jurisdiction into the detect stage and perform the well proportion between constabulary powers and jurisdiction.