以审判为中心改革下职务犯罪侦查之因应

The Cause and Response to Investigation of Duty Crime under the Reform of Litigation System to Centralize Trial

十八届四中全会提出要推进以审判为中心的诉讼制度改革,对职务犯罪侦查带来的影响主要有:冲击了"以获取口供为中心"的侦查任务论,取代了"以侦查笔录为中心"的庭审质证论,弱化了"以侦查结论为中心"的判决结果论。在当前高压反腐和深化司法改革的背景下,应从职务犯罪侦查机制的调整和完善、构建"平衡+协作"的新型侦辩关系、尝试建立职务犯罪侦辩交易制度这三个方面有所作为,既保证职务犯罪侦查规范高效地进行,更要实现对职务犯罪侦查权的有效监督制约。

The Fourth Plenary Session of the 18th CPC Central Committee proposed that we should promote the reform of litigation system to centralize trial.The main effects of duty crime investigation are as below.Firstly,it will hit the reconnaissance mission theory of'to treat obtaining confessions as the center'.Secondly,it might replace the cross-examination theory of'to take the investigation record as the center'.Thirdly,it will weaken the judgment result theory of'to take the investigation result as the center'.Under the background of the current high pressure anti-corruption and judicial innovation,the author believes that we should adjust and improve the investigation mechanism of duty crime,set up a new type of balanced and cooperative relationship between investigation and defense and attempt to build transaction system of investigation and debate.Not only should we ensure that the investigation of duty crime is conducted efficiently and specifically,but we should also effectively supervise and restrict it.