刑事审判权的诚信问题探析

An Investigation on the Integrity and Credibility of Criminal Jurisdiction

刑事审判权作为国家核心权力,其必备的公信力和司法权威来源于审判实践的诚信运行。在我国的司法现实中,侦查权与公民权发生冲突需要司法制衡时,刑事审判权严重缺失;刑事审判过程中审判权难以保持中立,不能公平对待控辩双方的权利请求;审理中难以保持司法公正独立,存在行政化、审批化裁决方式;裁判文书论证简单、说理性不足且不能依法公开等诸多问题严重违背了司法诚信原则。由此展开理性反思,需要针对与刑事审判权相关的诉讼制度和审判组织制度进行系统性改革,以保障刑事审判权在法治框架内诚实信用地实现社会公平正义的法治目标,防止出现被肆意滥用的情形。

As the core power of a state, the public credibility and the judicial authority of the criminal jurisdiction, depends on whether the trial practice is carried out honestly. In the judicial reality of our country, when the investigative power conflicts with citizenship, the criminal jurisdiction is seriously missing. In the criminal judicial process, jurisdiction is difficult to remain neutral, and can not be impartial to both the prosecutor and the defendant. Trial is not easy to maintain the independence of justice, and eases are sometimes decided by way of administration and approval. Judgment documents are simply argued, inadequately reasoned, and not open to the public. All these problems seriously breach the principle of judicial credibility. So, in order to achieve impartiality and justice, and prevent the abuse of power, a systematic reform is necessary, on the litigation system and trial organization system related to the criminal jurisdiction.