论新刑诉法对程序滥用的防范

On the Prevention of Procedure Abuse in the New Criminal Procedure Law

新刑诉法强化了犯罪嫌疑人、被告人的律师帮助权,改革了卷宗制度,改进了证人和鉴定人的出庭制度,强化了犯罪嫌疑人、被告人对刑事程序进程的参与,有助于防范刑事程序的滥用。但是新刑诉法缺乏应对基层司法地方化的措施,法律援助制度不能充分满足司法实践的需要,被告方的质证权还需要进一步的保障,因此难以充分防范刑事程序的滥用。应当在四个主要的方面进行相应完善,以便进一步加强刑事辩护,有效防范刑事程序的滥用。

The new Criminal Procedure Law strengthened the right of lawyer＇s assistance to the suspect and the defendant,reformed the file system,improved the court system of the witnesses and experts,strengthened the participation of the suspects and the accused in criminal procedure,which is very helpful in guarding against the abuse of the criminal procedure.However,in the new Criminal Procedure Law,there is still no measures to deal with the localization of grassroots judicature,the legal aid system can not fully meet the needs of the judicial practice,and the cross-examination right of the defendant needs further protection,it is very difficult to fully guard against the abuse of the criminal procedure.In order to further strengthen the criminal defense and effectively prevent the abuse of criminal procedure,corresponding improvement should be carried out in four main aspects.