从公安中心到分工、配合、制约——历史与社会叙事内的刑事诉讼结构

From the Center of Police to Division,Collaboration,and Checking——The Structure of Criminal Procedures in Historical and Social Narratives

一些研究者以流水线、接力赛等隐喻方式命名当代中国的刑事诉讼结构,但这给准确地认知实践中的公检法关系造成巨大的歧义。对当代中国刑事诉讼结构的准确概括,是彭真提出的"分工负责、互相配合、互相制约"。这一政策于1954年被正式提出,意在改变此前的公安中心格局。1979年前后,决策者对于犯罪人和政法机关性质的判断发生了转变。此刑事诉讼结构思想在1982年被写入《宪法》,并在1983年通过司法体制变动予以践行。该结构在具体规则、实践中产生了一些非制度期待的结果。2014年启动的新的司法改革设计,对此偏差的矫正是"回到彭真"。

Metaphors of criminal procedures as ' assembly line ' or ' relay race', as often invoked by academics, have resulted in considerable misunderstandings about the realistic relations among the public security authorities, the procuratorate system and the court system. The structural characteristics of criminal procedures,as summarized more accurately by Peng Zhen, is the ' division of responsibilities,mutual collaboration and two-way checking.' This policy narrative was formally devised first in 1954 and was meant to reform the previous structure where the public security authorities occupied the central place. Approximately in1979 the nation's decision making authorities formed a different view on the nature of crimes taking place in the society as well as the proper mission of the judicial system. Relevant thoughts were subsequently incorporated into the constitution of 1982 and implemented through institutional changes to the judicial system in1983. The new structure through rules and practices resulted in unintended consequences. Judicial reforms started in 2014 have sought to address deviations of the previous era by 'returning to Peng Zhen.'