构筑“以审判为中心”诉讼制度诸要件的思考

Thoughts on Elements for Structuring Litigation System with “Trial as the Center”

以审判为中心的诉讼制度,要求把审判程序置于刑事诉讼的核心程序,通过审判程序对案件进行全面、实质性审查,整个诉讼制度围绕审判而建构,全部诉讼活动围绕审判而展开。要建立以审判为中心的诉讼制度,必须牢牢把握以下四要件:确立共同的诉讼理念,构建"审判中心"前提;坚持统一的证据证明标准,夯实"审判中心"基础;完善控辩平等对抗机制,紧扣"审判中心"关键;发挥庭审决定作用,抓住"审判中心"根本。

Litigation system with trial as the center requires that trial procedures should be considered as core procedures of criminal litigation, as it aims to conduct comprehensive and substantial review on cases through trial procedures. The whole litigation system is structured based on the center of trial and all litigation activities are developed around trial. For establishing master the following four elements： affirming common litigation system with trial as the center, it is a must to litigation concepts and structuring precondition of ＂trial center＂ ; sticking to uniform standard of evidence and certificates and lay solid foundation for ＂trial center＂ ; improving equal confrontation mechanism of accuser and defender; centering on key of ＂trial center＂ ; and playing decisive role of court trial and catch ＂trial center＂ as the root.