侦查机关适应“以审判为中心”诉讼制度改革的思考

Some Thoughts on the Investigation Organs to Adapt to the Reform of the Court-centered Litigation System

侦查机关适应"以审判为中心"诉讼制度改革的前提是正确理解其含义。我国"以审判为中心"诉讼制度改革的基本要求是在不变动现有司法格局的基础上,强调侦查和公诉按照审判时事实认定和法律适用的标准和要求进行,同时承认审判在认定事实和法律适用方面的最高权威。侦查机关适应相关诉讼制度改革的关键是认清侦查与审判、公诉和预审之间的关系。取证能力的提升是侦查机关适应"以审判为中心"诉讼制度改革的核心,可从建立以客观性证据为中心的取证模式、完善侦查取证指引体系、促进取证措施的科学化和规范化等方面着手提升取证能力。

The premise of the reform of litigation system, which is to adapt to the court-centered system, is to understand its meaning. On the basis of the existing judicial pattern, our court-centered litigation system emphasizes the standards and requirements of investigation and public prosecution in accordance with the facts and the applicable law of the trial, at the same time we must recognize the supreme authority of the trial in the determination of facts and the application of law. The key to the reform of the relevant litigation system is to recognize the relationship between the investigation and trial, the public prosecution and the preliminary examination. Improving the ability of evidence collection is the core of the investigation organ to adapt to the reform of the litigation system. From the establishment of the objective evidence as the center of the evidence model, it is important to improve the investigation and evidence collection guidance system, and promote the scientific and standardized measures to enhance the ability to collect evidence.