我国刑事诉讼模式理论反思

Rethinking on the Model Theories of Criminal Procedure

刑事诉讼模式的反思是当前的学术热点问题,关系着刑事司法改革的方向。源于西方的经典刑事诉讼模式理论对当下的中国刑事审判实践解释力不够,而本土理论则在"何为诉讼"以及刑事诉讼模式关涉的要素等方面含混不清,严重影响到刑事诉讼模式理论的自身完善与刑事司法改革指导功能的发挥。我国的刑事诉讼模式,应因地制宜,并立足刑事诉讼法的实践状况,从宏观的诉讼阶段上来把握。

Rethinking on the criminal procedure model which is the direction of criminal judicial reform has become the academic issues today. The classical criminal procedure model theories from the west cann＇ t describe Chinese criminal trial practice fully, and the theories from China are vague not only in what is the means of ＂action ＂ but al- so in what is the elements of criminal procedure model, etc. These have so serious influence on improvement of the criminal procedure model theory that the theory＇ s role guiding criminal judicial reform is very small. China＇ s Criminal Procedure should be adapted to local conditions grasped from a macro-stage of the proceedings , and based on the situation the practice of criminal procedure,