起诉书语言背后的刑事司法理念嬗变

The Evolution of Criminal Judicial Ideas behind the Indictment Language

起诉书的语言反映出检察机关代表国家指控犯罪的立场和态度,不同时期起诉书的语言特点折射出当时的刑事司法理念。以四川省某县检察院1980年以来的起诉书为例,起诉书主要部分的关键性语言不断改进,从风格各异到趋于统一,从着重阐述犯罪事实轻反映办案程序到事实与程序并重,从重打击轻保护到注重保护被告人和其他诉讼参与人权利等,反映出刑事司法理念逐渐走向理性与文明的嬗变过程。

As the indictment language mirrors the stance and attitude of the procuratorial organ in its accusa-tion of crimes on behalf of the country, the linguistic features of indictments in different periods are reflective of the then criminal judicial ideas. By exemplifying the procuratorate indictments of a certain county in Sichuan province since 1980, it has been discerned that the indictment has seen constant improvements in the key language of its ma- jor parts, a change from variety to unity in its style, a conversion from an overdue stress on criminal facts with a neglect of cases handling procedures to an equal priority to both facts and procedures, as well as a transformation from a stress on suppression with little attention to protection to a due emphasis on protecting the rights of the de-fendant and other litigant participants, etc. which reflects the gradual evolution to rationality and civilization on the part of the criminal judicial idea.