摘要
刑事审前法官制度的缺位,不仅导致我国侦查程序中非法侦查行为屡禁不止,权利救济机制处于空白状态,侦查程序不具诉讼形态;也使得公诉权缺乏应有的控制,公诉方式改革未能达到预期的效果;还造成庭前程序中非法证据排除规则不能落实,证据展示程序难以运行以及庭审法官的预断不能排除。
The vacancy of the criminal pretrial system has produced multitude unfavorable influences on China＇s judicial procedure. Reports of illegal behaviors constantly flow in despite repeated efforts to ban such illegal practice, and right relief mechanism has so far remained vacant. Investigation is as much excluded from the litigation procedure as the power of public prosecution is free from restrains. The failures of public prosecution reform are more than that. While illegal evidences can not be removed as stipulated before court adjudication, evidence display procedure is difficult to carry out. The problem is even compounded as the judge＇s forejudge creeps in.
出处
《山东科技大学学报（社会科学版）》
2009年第3期25-31,共7页
Journal of Shandong University of Science and Technology(Social Sciences)
关键词
刑事审前法官制度
权力制约
人权保障
司法审查制度
the criminal pretrial system
power restriction
human right ensurance
judicial review system
