论侦查终结、提起公诉与审判定罪证据标准的同一——以审判中心主义为视角

The Identity of Evidence Standardsfor Conclusion of Investigation,Initiation of Public Prosecution and Trial Conviction:A Trial-centered Perspective

推进以审判为中心的诉讼制度改革,要求侦查终结、提起公诉采用与审判定罪相同的证据标准。为此,需要完善我国检察引导侦查取证机制、加大证据不足不起诉的适用和加强侦查、审查起诉阶段的指定辩护。要求侦查终结和提起公诉按照法院定罪的证据标准进行,虽有助于从源头上防范冤假错案的发生,但势必对庭审实质化带来挑战。在侦查终结、提起公诉与审判定罪证据标准同一的背景下,庭审实质化之实现,必然要求真正落实法官独立审判和直接言辞原则。

Advancing the reform of the trial-centered litigation system requires that the conclusion of investigation and initiation of public prosecution adopt the same evidence standards as trial conviction. Currently, it is required to perfect the mechanism of inducting investigation by procurator, increase the application of non-prosecution without sufficient evidence, and strengthen the assigned counsel in investigating and prosecution phase. Conclusion of investigation and initiation of public prosecution shall be carried out in accordance with the evidence standards as trial conviction. Although it can contribute to the prevention of miscarriages of justice at the source, it is bound to bring challenges to court trial substantively. Before the identity of evidence standards for conclusion of investigation, initiation of public prosecution and trial conviction are in full place, the implementation of the doctrine of independent adjudication and direct oral principle is the inevitable course of making trial substantive.