论刑事庭审中心主义视野中的直接言词原则

The Principle of Direct and Verbal Trial in the View of Tribunal Judicial Centralism

庭审中心主义改革是当前刑事司法改革的重要内容之一,其目的是实现庭审实质化,为推进审判中心主义改革奠定基础。确立和落实直接言词原则是庭审中心主义改革的必然路径,同时也有助于提升审判阶段在刑事诉讼中的地位。直接言词原则在中国立法上有间接体现,但在目前司法实践中存在与直接言词原则相违背以及不完全吻合之处。因此,应调整案卷笔录的诉讼地位,完善证人出庭作证制度,坚持和完善主审法官责任制,明确集中、连续审理原则,以使直接言词原则在中国尽快确立并得到贯彻。

Tribunal judicial centralism is an important part of the current reform of criminal justice, which aims to realize the real trial and lay a foundation in order to promote the reform of principle of trial centered criminal procedure. Establishing and carrying out the principle of direct and verbal trial is the inevitable path of the reform of tribunal judicial centralism, but also helps to improve the position of the trial stage in the criminal proceedings. The principle of direct and verbal trial in our country is reflected indirectly in leg-islation, but in the current judicial practice there are some aspects contrary and not fully consistent with the principle existing. Therefore, we should adjust status in litigation of the files and notes, improving the system of witness, insisting and perfecting the re-sponsibility system of trial judge, clearing the principle of focus and continuous trial, in order to establish and carry out the principle of direct and verbal as soon as possible.