卷宗移送制度之省思——“以审判为中心”的视角

Reflections on the file transfer system——From the perspective of “trial-centered”

卷宗移送制度构成了职权主义诉讼模式与当事人主义诉讼模式的重要区别。在职权主义诉讼模式下,实行卷宗移送制度便于法官在庭前对案件作实体性审查,从而发现事实真相。但是,卷宗移送制度会导致法官在庭前形成预断或偏见,妨碍公平审判原则的实现。推进以审判为中心诉讼制度改革,需要改革卷宗移送制度,淡化书面卷宗对庭审的影响。鉴于中国的特殊国情,实行起诉书一本主义不切实际,双重卷宗制度是较为合理的选择。

The file transfer system constitutes an important difference between the litigation model of the power and the litigation model of the party. Under the litigation mode of the power, the file transfer system is convenient for the judge to examine the case before the court, so as to discover the truth. However, the file transfer system will lead the judge to form predetermination or prejudice before the court to hinder the realization of the principle of fair trial. To promote the reform of the trial-centered litigation system, it is necessary to reform the file transfer system to dilute the impact of written files on the trial. In view of China＇s special national conditions, it is imprac- tical to implement the sole-filing system of indictment, but the double-filing system is a more reasonable choice.