刑案侦办应如何“以审判为中心”

How to “Center on Trial” during Criminal Investigation

从侦办到判决,证据标准是动态的完善过程。侦查活动,应以"辩护式侦讯"向审判靠拢;检察院的司法改革应围绕审判活动分割其三大职能;在不同的刑诉阶段,都应革新证据开示制度;在证据排除中,强化对侦查取证的制约监督;而侦查活动,则应围绕"直接、言词"原则取证,以直面质证和庭辩的考验。

From investigation to trial, improving evidential standards is a dynamic process. Investigation activities should stand close to trial as the form of defendant investigation. Procuratorate＇s judicial reform should divide its three functions around trial activities. At different criminal procedure stages, the court should innovate the evidence disclosure system and then strengthen the constraint on investigation and evidence collection during the stage of evidence exclusion. But for the investigation activity, we should focus on the principle of being straight and verbal and face a test of cross-examination and court debate.