我国刑事诉讼行政化成因之分析

The Instrumentalism Tradition of Criminal Justice—On the Cause of Administrative Tendency of Criminal Procedure

1997年我国刑事诉讼法的修改并未实现立法者的初衷,改革的成效有限。导致这一问题的核心原因在于我国刑事诉讼存在严重的行政化倾向,以致于偏离了诉讼的本来面目,成为行政性的治罪程序。中国古代社会司法与行政不分的传统与建国后的刑事诉讼行政化问题由于社会历史条件的差异,其原因虽各有不同,但共通之处在于始终将刑事诉讼视为一种工具,而忽视了其固有的司法程序的特性。在刑事诉讼法再次面临修改之际,应当充分重视刑事诉讼行政化这一问题,恢复刑事诉讼作为司法程序的本来面目。

The amendment of criminal procedure law has failed to achieve the goal that legislator desired in 1997 and the effect of reform is limited. The main reason lies in the fact that there is serious administrative tendency in criminal procedure, which is the core of the problem and causes the departure from the original goal in law- suit. From ancient to modern, criminal procedure has been considered as an instrument for the control of social problems and the inherent characteristics of procedural law have been neglected for a long time. As the re - amendment of criminal procedure law is around the corner, it is necessary to take this problem into account.