从以侦查为中心走向以审判为中心

On the Shift from the Investigation-Centered to the Trial-Centered Theory

诉讼阶段论认为每一个阶段都同等重要,而实际上侦查成为了中心,因为在诉讼阶段论下,侦查机关拥有较大的权力,行使权力时有较大的自由。权力行使缺乏限制,容易产生对人权的侵犯;同时侦查结论往往对审判结论的形成具有较大的影响,使审判流于形式,不能发挥审判的应有作用。在审判中心论背景下,强调侦查、起诉都要围绕审判进行,它们只是为审判提供辅助作用。只有审判阶段,才能充分维护诉讼参与人的合法权益,才能最终并权威地确定被告人的刑事责任问题。因此,在审判中心论背景下,有必要重新审视侦诉关系、诉审关系及其相应的证据规定等问题。

The scholar who holds the view of the theory of steps of the proceedings argues that every step has played an equal role in the process of proceedings; however, in fact, the investigation of crimes has occupied the central position, because investigation organ has greater power and more freedom in exercising the power. The human rights are prone to be violated if the power of investigation is not restricted. At the same time, if the conclusion of investigation has a great influence on the trial conclusion, the trial will become a mere formality and can not play its due role. The trial-centered theory advocates that the investigation and the prosecution serve for trial and only provide the auxiliary function for the trial. Only on the trial step, the legitimate rights and interests of participants in the proceedings can be fully protected and the problem of criminal responsibility about the defendant can be finally solved. Therefore, it is necessary to re-examine the relationship between investigation and litigation, the relationship between prosecution and trial, and the relevant rules of evidence as well as other issues in the contest of trial-centered theory.