审判中心主义下刑事犯罪现场勘查制度完善

The Improvement of Crime Scene Investigation System under the Trial Centrism

十八届四中全会提出的"推进以审判为中心的诉讼制度改革"对刑事犯罪现场勘查活动提出了新要求。在审判中心主义下,侦查人员在勘查阶段要严格按照法定程序取证保证所获证据经得起法律和庭审的检验,同时侦查人员要打破侦查本位观树立为审判和庭审服务的意识。为实现从"侦查中心主义"到"审判中心主义"的转变,刑事犯罪现场勘查制度应致力于立法工作、取证程序和侦查人员出庭等配套制度的完善。具体而言,主要应将侦查人员纳入勘查主体范围,同时加强侦查人员与勘查技术人员、各专业技术人员之间的协调配合与信息交流提高勘查取证的质效;全面、客观、合法取证提高证据的采用率;同时科学固定保存证据、规范制作勘查笔录加强证据的后期管理。

The fourth plenary session of the 18 th Communist Party of China proposed ＂promoting the reform of the trial centered lawsuit system＂, which puts forward new requirements on the sense of the crime investigation activities. To meet the requirement of the trial centrism, police or investigators should collect evidence in strict accordance with the legal procedures in the exploration stage and ensure that these obtained evidence withstanding the legal and trial test. Investigators should abandon the view that criminal investigation is the centre of criminal procedure and set up the view that they should serve for the court trial. To make the changes from the ＂investigation centralism＂ to ＂judgment centrism＂, the crime scene investigation system should be committed to the improvement of legislation, discovery process, investigators testify in court system and other relevant supporting systems. Specifically, it has these following aspects： investigator should be included in the range of exploration subjects; investigators should strengthen coordination, cooperation and information exchange with criminal technical personnel to improve the quality and effect of the investigation as well as forensics. Meanwhile, other professional criminal technical personnel should do investigations as well; investigators should also collect evidence comprehensively, objectively and legally to improve the utilization of evidence. Investigators should fix and preserve evidence scientifically and make exploration records standardizedly to strengthen the later-stage management of evidence.