犯罪控制模式下的法官决策

Study on Decision-making by Judges under Crime Control Model

诉讼模式是影响法官决策活动的显著因素。在犯罪控制模式下,法官决策在目的、思维、制度等方面都具有偏重秩序和安全的特征。我国当前的刑事诉讼大致属于均衡型的犯罪控制模式,但是我国法官决策思维模式、职权分配、制度设计的发展方向是建立程序主义化、职权合理化和制度科学化的决策机制,该目的的实现有赖于法官职权配置、程序规制和物质保障等方面的完善。

The model of procedure is a significant factor to influence the decision - making by judges. Under the crime control model, the decision - making by judges has an emphasis on the system of order and security features in purpose, thought, and system. China＇s present criminal procedure generally belongs to a balanced type of crime control model. And the direction of Chinese Judges＇ mode of thinking, distribution of power and system design is to establish decision mechanism of due - process, rationalization and science, which depends on the improvement of rational distribution of power, procedural regulation and material protect.