审判中心主义视阈下的审辩关系探究

A Probe into the Relationship between the Trial and Defense from the Perspective of Judicial Centralism

近年来审辩关系呈现对抗、冲突的形态,现有的诉讼构造、审判性质和辩护功能都是诱发因素。以审判为中心的诉讼制度改革势必会影响我国现有的审辩关系和权利体系,权威型法官的建立一方面对审判公正性提出了更高的要求,另一方面也要求律师的辩护活动回归理性,通过加强审判方和辩护方之间的沟通、监督、职业流通,最终构建出理想的审辩关系。

In recent years,the relationship between the trial and defense becomes vital and even a conflict.The existing litigation structure,the nature of the trial and the defense function are predisposing factors. The reform of litigation system,centered on the trial,will inevitably affect the existing system of debating relations and rights.The establishment of the the judges of authority not only requires a much more fair trial,but also requires the lawyers to return to rational defense. An ideal relationship between the trial and defense can be got through strengthening their communication,supervision,professional circulation.