审判中心背景下的新型诉侦、诉辩关系之构建——以审查起诉为视角

Building the New Relationships Between Prosecution and Investigation,Defense Under the Background of the “Trial-centered”——From the Perspective of the Prosecution

在推进以审判为中心诉讼制度改革的背景下,其中侦、控、审、辩是最为重要诉讼要素,四方之间的关系梳理与定位尤为重要,充分发挥四者能动作用对推动审判中心的庭审实质化是不可或缺的。但当前存在对审查起诉阶段诉辩、诉侦关系重视不够、界定不清等问题,而理清及构建审查起诉阶段诉辩及诉侦关系对案件分流,进一步促进庭审实质化奠定坚实的基础。在审查起诉阶段,必须基于检察官客观、中立的法律守护人的地位构建新型的诉辩、诉侦关系才具有现实和理论意义,进而使之作出是否起诉的决定更加中立、准确及全面,才能在以审判为中心的诉讼制度改革下,为推进庭审实质化起到"案件过滤、确保质量"的作用。

Under the background of promoting the ＂trial-centered＂ reform of criminal procedural system, it is with great importance to clarify the relationships and ascertain the positions of the litigant elements containing the investigation, prosecution, trial and defense. In addition, it is indispensable to put these four elements into full dynamic use to promote substantive trials based on the trial-eenteredness. However, there is a lack of attention paid on the relations between prosecution and defense, investigation during the procedural stage of review and prosecution nowadays, and an ambiguity of those relations. Actually, clarifying and founding the relationships between the prosecution and defense, investigation during the review and prosecution stage can establish a stable foundation on the classification of the cases and a further promotion of the substantive trials. This article will be based on the realistic and theoretical foundation of prosecutor＇s objective and neutral obligation status, as well as the role of Law Tutelary to establish the new relationships between prosecution and investigation, defense, and further to enable prosecutors make more neutral, accurate and comprehensive decisions when they consider whether to prosecute, which can also be useful to classify cases and make sure the quality of cases during promoting substantive trials.