以审判为中心视角下的侦诉与审判关系研究

Research on the Relationship Between Investigation and Trial from Perspective of Judicial Centralism

以审判为中心的诉讼制度改革要求我国侦诉与审判关系应当形成以"分工负责,互相配合,互相制约"原则为基础,以审判标准为指导,以诉制侦、审制诉为制约方向,以服务法院审判为中心的状态。然而,目前我国公、检、法三机关之间的关系尚不符合这样的要求。例如,重配合轻制约、控审不分、检察监督不力等问题都严重阻碍了以审判为中心在司法实践中的贯彻。司法机关应当通过构建公诉引导侦查的"大起诉"格局、贯彻证据裁判原则、完善检察机关的审判监督,贯彻"不告不理"原则等措施来保障以审判为中心诉讼制度改革的施行。

The trial centered litigation system reform is an important part of the reform of the judicial system of our country in recent years, it requires the judicial organs of China must focus on trial and carry out litigation to trial work, the standard of collection, the use of evidence, to ensure the decisive role of the trial implementation of evidence referee principle, safeguard the le- gitimate rights of the parties, the protection of human rights. In this context, the relationship between litigation and trial of China should be formed in the investigation ＂the division of responsibility, mutual cooperation, mutual restraint＂ principle as the basis, to trial standards as a guide, to tell for investigation, the trial system is restricted to the direction of litigation, the court trial service as the center of the state. However, at present, China＇ s public prosecution. The relationship between the three organs, does not meet this requirement. For example, light weight with the restriction of prosecution and trial is not divided, the procuratorial supervision problems such as lack has seriously hindered the centralism judgment in the judicial practice. In order to ensure the trial to implement Sentenced to reform center litigation results, this paper from the definition and contains the trial center, the trial center and the division of responsibility, mutual cooperation, mutual restraint ＂ analysis of the principle of the relationship between effect of trial centered on the relationship between investigation and prosecution and trial, analysis of the current situation of investigation and litigation and trial system, specific measures to improve relations investigation and prosecution and trial, five aspects are researched, in order to promote the investigation and prosecution and trial form conforms to put forward the feasible suggestion the correct relationship between the trial center requirements.