论刑事被告人对质权制度的完善

On the Perfection of Confrontation of Defendant in Criminal Action

控辩双方平等对抗的庭审是程序正义的最完整形态。以庭审为中心的司法改革,核心要求就是保护被告人的对质权。对质权能促进控辩双方平等对抗,增强双方庭审的竞技性,使证据链条更稳固。完善对质权制度立法应凸显其作为基本人权层面的属性和功能,同时完善相应的配套制度:例如继续健全证人出庭作证,用认罪认罚从宽制度分流证人出庭需求,完善庭前会议制度等。

Both parties＇ equal confrontation is the most classical form of procedural justice. Protecting the defendant to confront is the core requirement of the judicial reform taking the trial as center. Improving the confrontation system in court can achieve procedural justice,promote substantive examination,make the chain of evidence more robust. Confrontation of the criminal defendant needs to improve the perfection of the related legislation and related system,such as witnesses to testify,pleaded guilty system to splitthe demand for witnesses to appear in court and to improve pretrial conference and other supporting system.