我国看守所中立化改革立论依据辨析

Analysis on the Basis of Detention House's Neutralization Reform in China

目前没有令人信服的实证资料表明侦羁分离是世界上绝大多数国家在看守所管理体制上的主要模式。分权制衡、诉讼中立、人权保障、无罪推定等理论不足以推导出侦羁分离体制明显优于侦羁合一体制的结论。侦羁分离与侦羁合一体制的选择,与一国司法体制有重大关系,我国没有必要实行侦羁分离体制。看守所在刑事诉讼中保持中立,不表明我国应实行侦羁分离体制,应重在实质上的中立而非形式上的中立。

We don＇t have any convincing materials to demonstrate that the separation of investigation and taking into custody has been the major pattern to manage detention house in most countries .Based on such theories as the separation of powers , the neutralization of litigation , the protection of human rights and the presumption of inno-cence , no conclusion has been reached that the separation of investigation and taking into custody takes advantage over their combination .The choice between them has close connection with the legal system in one country , and the separation of investigation and taking into custody is not suitable for China , although Chinese detention house keeps neutral in the criminal litigation .And we should focus on the substantial neutralization of detention house rather than its formal neutralization .