以审判为中心视野下我国刑事侦查程序的完善

Perfection of Criminal Investigation Procedure in China from the Perspective of Trial-Centralism

以审判为中心的诉讼制度改革对刑事侦查程序产生影响,实际也"倒逼"我国刑事侦查程序的改革和完善。我国现有刑事侦查程序中侦查权居于主导地位且所受制约较小,缺乏司法审查的侦查权具有完全的主动性,犯罪嫌疑人主要配合侦查机关负有如实陈述的义务,辩护权流于形式。刑事诉讼法对技术侦查行为的种类、具体程序等缺乏明确的规定,致使有可能针对技术侦查行为的合法性难以作出证明。因此,必须完善我国的刑事侦查程序,适应以审判为中心的诉讼制度。

The trial-centered reform of criminal litigation system actually forced the reform and perfection of criminal investigation procedure in China.In the current criminal investigation procedure of our country,the investigation power is in the leading position,and it is less restricted.The investigation power which lacks of judicial review has full initiative.The criminal suspects mainly cooperate with the public security organs in their obligation to state their statements truthfully,so the right to defend is mere formality.The criminal procedure is short of specific regulations on the types and specific procedures of technical investigation,which makes it difficult to prove the legitimacy of technical investigation.We must perfect China＇s criminal investigation procedure to suit the trial-centered criminal litigation system.