论直接言词原则

Comment on Principle of Directness and Verbalism

介绍了直接言词的概念,论述了直接言词原则的意义及在我国的实用。指出直接言词原则是大陆法系各国刑事审判中普遍建立的基本原则,在英美法系也有与之极为相似的传闻证据规则,并且在许多方面体现出了更为严厉的要求。所以从这一意义上说,直接言词原则又是一项世界性的刑事审判原则。认为在我国,现行刑事审判程序缺乏完善的直接言词原则及其配套制度,无法保障控辩双方的真正对抗,所以我们需要真正确立直接言词原则。

The concept of the principle of Directness and Verbalism is introduced. The significance of the principle of Directness and Verbalism and the practice in China are discussed. It is pointed out that the principle of directness and verbalism is a fundamental principle that is universally established in the Civil Law System countries. In the Common Law System Countries, there is the Hearty Rule, which is very similar to the Principle of Directness and Verbalism. In many aspects, it is even more strictly than the Principle of Directness and Verbalism. Therefore, it is also a worldwide principle in the criminal trial procedure. It is considered that in China, the current criminal trial procedure lacks the Principle of Directness and Verbalism and a set of relevant regulations, which is too hard to realize the confrontation of the two parties. The Principle of Directness and Verbalism needs to be established perfectly in China.