审判中心语境下的新型诉辩关系研究——以有效辩护和有效公诉之构建为视角

On New Type of Relationship Between Defense and Prosecution in Trial-centered Theory Context——From Perspective of Constructing Counsels' Effective Assistance and Effective Public Prosecution

中共十八届四中全会提出推进以审判为中心的诉讼制度改革,刑事诉讼中律师辩护权和检察机关公诉权的行使直接关系到改革的成败。目前,我国诉辩领域存在着诸如律师辩护质量不高、对律师不尽职的行为缺乏约束、公诉形式化等问题。建议引入有效辩护和有效公诉的理念,提高执业律师准入门槛,建立律师辩护的评估、惩戒机制,重视检察机关公诉技能的训练,在庭审中贯彻直接言词原则,共同完成新型诉辩关系的转型,实现两者的实质对抗和平等对话。

The 4th Plenary Session of 18 th CPC Central Committee focused on carrying out the reform of the trial-centered legislative system,on the basis of which the right of counsel＇s defense and the right of the Public Prosecution in criminal proceedings relate directly to the success or failure of the reform. Now,there exist many problems in our country,such as： ineffective defensive quality of the lawyer,the lack of restraint on the lawyer＇s undue diligence and the unsubstantial public prosecution,etc. This paper suggests that the conception of effective defense and effective public prosecution be introduced,the criteria for admission of the legal practitioner be raised,the assessment and disciplinary mechanism for lawyers＇ defense be established,attention be paid to training public prosecution skills of the procuratorial organs,the principle of direct verbal trial be implemented in court to jointly accomplish the transformation of the new relationship between defense and prosecution so as to finally achieve substantive confrontation and equal dialogue between the two sides.