论刑事审判中的平等对待原则

On the Principle of Equal Treatment in Criminal Trial

我国2016年新修正的法庭规则首次确立了平等对待原则,即法官应向控辩双方提供同等参与诉讼的机会,对于双方的主张及提出的证据应给予同等关注。此项原则的确立,有助于维护庭审的辩论式架构,彰显出程序的正义,对于改善律师的执业环境及防范冤案具有积极意义。但我国立法及司法实践中尚有若干规定和做法与之相抵牾,有必要从完善证据调查申请制度、完善绩效考核机制、完善庭外调查核实证据制度、完善禁止单方面接触制度四个方面来推动此项原则的实施。

The principle of equal treatment is established in the new amendments of rules of court for the first time in 2016 where the judge should provide prosecution and the defense with an equal opportunity to participation in criminal procedure and pay equal attention to the claims of prosecution and the defense and the evidences presented by them. The establishment of the principle helps to maintain the basic structure of adversary trial and highlights the procedure justice, and is beneficial to improve the lawyer＇s professional environment and prevent miscarriage of justice. However, there are still some provisions and practices which are out of tune with the principle in legislations and judicial practices at present, and it is necessary to optimize the application system for investigating evidence, improve performance appraisal system, consummate the examination system of evidence out of trial, and perfect the forbidding unilateral contact system to promote the principle.