论审判中心下公安侦查工作的因应之道

On the Response of Public Security Investigation Under the Trial Center

近年来,为保证案件事实和证据经得起检验,各地都在推进"以审判为中心"的诉讼制度改革,这对公安机关的侦查工作提出了新的要求,带来了巨大的挑战。公安机关及其民警应转变侦查理念,由"以侦查为中心"向"以审判为中心"转变;办案模式应从"由供到证"向"由证到供"转变;重新审视公检法三机关之间的"分工负责、互相配合,互相制约"的关系,强化审判权对侦查权制约意识,密切侦诉之间的联系;强化对证据的审查,完善调查取证的方式,规范取证程序,落实非法证据排除规则;积极应对警察出庭作的证趋势,做好民警出庭作证的各项培训和指导工作,为民警出庭作证做好心理和庭审技巧方面的准备。

In recent years, all over the country there has been promotion of the reform of the trial as the center, to ensure that the facts and evidenc of the case can stand the test of facts. This puts forward new requirements to the detective work of public security organs, and bring a huge challenge. The public security organs and the police should change the idea from ＂taking the investigation as the center＂ to ＂taking the trial as the center＂; the mode of handling a case should be changed from “ supply to certificate＂to “ from evidence to supply”; and they also should re-examine the relationship that ＂division of responsibilities, cooperate with each other,mutual restraint＂ among three public security organs. To strengthen the awareness of the judicial power restriction the right of investigation, and close the connection between investigation and litigation. Besides, they should strengthen the review of the evidence, improve the investigation method, standardize the evidence collection procedures, improve the exclusionary rules of illegal evidence; actively respond to the trend of the police to appear in court, do a good job in the training and the guidance of the police appear in court as a witness to prepare for the police to testify in court.