“审判中心主义”导向下的法治公安建设——以公安侦查工作的重心调整为视角

The Construction of Public Security under the Rule of Law Guided by Trial Centralism——From the Adjustment to the Emphasis of Police Investigation

以审判为中心的诉讼制度改革必将对在刑事诉讼中承担侦查等重要职能的公安机关产生重大影响,同时对法治公安建设也有着深刻的理论意义和实践意义。所谓"审判中心主义"的内涵一般包括理念法治化、证据严谨性及庭审实质化这三重含义,其中主要凸显的是审判的权威性、终局性以及对证据的判断认定。在"审判中心主义"导向下,公安机关一方面要树立牢固的法治理念,不断增强自身的法学素养和业务能力,强化证据法学观念,打造合格的执法队伍;另一方面,要在侦查机制、行政执法、内部考评制度等实际工作中做出相应的调整,改变"口供为王"、"从供到证"等办案思路,以适应"审判中心主义"的各项要求,使法治公安建设不断取得新的进展。

The reform of trial-centered litigation system will exert great influence on the public security organs, which are responsible for investigation and other important functions in criminal proceedings, and also have profound theoretical and practical significance for the construction of public security under the rule of law. The connotation of trial centralism usually consists of the legalization of ideas, the rigor of evidence and the essentialism of court trial. Among them, the main highlight contains the authority and finality of trial, along with the identification of evidence. Guided by trial centralism, on the one hand, the public security organs should establish the firm concept of the rule of law, constantly enhance their own legal literacy and professional ability and professional competence, and strengthen the sense of evidence law, in order to build a qualified law enforcement team. On the other hand, the public security organs should make adjustment in practice such as investigation mechanism, administrative law enforcement, internal evaluation system. We should change the old idea on handling criminal cases such as ＂Confession is the key＂and ＂from confession to evidence＂, to adapt to the every requirement of ＂trial centralism＂, and to make new progress on the construction of public security under the rule of law.