“合意”在刑事诉讼中的应用及其限制

Unanimity:Application and Limitations in Criminal Litigious System

现代刑事诉讼制度面临有效打击犯罪和保障人权并重的司法难题。解决此难题的路径之一就是许可当事人间就证据问题、程序问题、乃至实体问题形成合意,合意在追究犯罪方面更符合刑事诉讼的目的,适应刑事政策的需要,使司法资源得到合理分配。合意已成为现代刑事诉讼制度的发展方向之一。

Modern criminal litigious system faces the pressure of rising crime rate and complication of crimes. On the other hand, people attach more and more attention to the protection of human rights. Hence, how to insure that the improvement of litigious efficiency goes hand in hand with the protection of human rights, which has become an emergent yet hard judicial problem. The only way to solve this problem is to allow the litigants to form agreement on such issues as evidence, procedure, etc. The purpose of agreement between litigants is to make prosecution more adherent to the purposes and needs of criminal litigation, and to allocate judicial resources scientically. Neutrality and unanimity have hecome the trend of modern criminal litigation.