审判中心与相关诉讼制度改革初探

A Tentative Analysis on Trial- centered Theory and Reform of Relevant Procedural Systems

十八届四中全会决定提出"推进以审判为中心的诉讼制度改革"。审判中心不仅是刑事司法规律的体现,也是对现行公、检、法三机关"分工负责、互相配合、互相制约"关系的完善和发展。为实现以审判为中心,我们首先应当对审判中心的内涵及意义进行阐述,并从以下四个方面进行相关诉讼制度的改革:保证审判权依法独立行使,完善辩护制度、特别是法律援助制度,完善证人出庭制度、探索贯彻直接言词原则以及保证侦查、审查起诉质量,为公正审判奠定坚实基础。

The Decision of the fourth plenary session of the eighteenth Central Committee of the CPC puts forward that＂carrying forward the trial- centered procedural system reform ＂. Trial- centered theory is a manifestation of the principle of criminal justice,as well as an improvement and development of the relations of divided responsibility,mutual coordination and mutual restraint among the three departments of the public security,the procuratorate and the court. So it is necessary for us to clarify the connotation and significance of trial- centered theory firstly. In the meantime,in order to lay a solid foundation of impartial trail,it is proposed that the related procedural reform shall be carried out at the following four aspects,which are the guarantee of independent exercise of judicial power,improvement of the system of defense（ especially the system of legal aid）,improvement of the system of attendance of witness and exploration and implementation of the principle direct trial and verbal trial,and guarantee of the quality of investigation and prosecution.