刑事诉讼法修改应以调整诉讼结构为切入点

Litigation Structure Adjustment:Cut-through of Amendment of Criminal Procedural Law

我国刑事诉讼结构一直呈现强职权主义倾向。为改变这一模式下控、辩、审三种职能失衡所进行的庭审方式改革,又带来侦查、起诉结构中的强职权主义与审判结构中的弱当事人主义之间的冲突。据此,刑事诉讼法修改应继续将调整诉讼结构作为切入点,在巩固已有成果的同时把改革向前延伸,以构建完善和谐的新型诉讼关系。

China＇s criminal procedure has been characterized by strong ex officio doctrine. To change the imbalance among three parties the prosecuting party, the defender and the judge under such judicial mode, ways of court trials have been reformed, unexpectedly leading to the conflict between strong ex officio doctrine in the period of investigation and prosecution and weak adversary system in the period of court trial. Thus, the amendment of criminal procedural law should be constant in revising litigation structure to set up a perfect and harmonious new litigation relationship based on current research.