域外刑事评议程序之比较研究

The Comparison of Process of Criminal Appraisal

刑事评议程序是介于庭审程序和宣告程序之间的一个重要程序,它既是庭审的自然延续,又是裁判结论形成的前提和基础。然而,欲保证刑事评议程序的正常运行,刑事评议主体之独立必须得到保证;刑事评议之客体还应被全面考虑,并对其进行细化,以确保刑事评议的针对性和有效性,防止出现"估堆"现象。本文以域外刑事评议程序为对象,从评议的主体、客体等角度进行梳理,得出规律性的认识,以期对我国关于刑事评议的立法有所裨益。

As a very important procedure between the court hearing procedure and the judgment pronouncing procedure in the criminal trial, the process of criminal appraisal is also the continuation of the court hearing procedure and the premise of the judgment. However, in China, the process of criminal appraisal needs greatly improving, including： academic circles don＇t pay enough attention to the study and the theory in this field is pretty poor; the legislative regulations are simple and short of logical compactness and systematic completeness ; in the judicial practice the process of criminal appraisal is random, partial, disjointed and empirical because of lacking of a complete, reasonable and scientific attitude.