“以审判为中心”对公安刑事侦查工作的影响及应对

The Influence of “Centering on Trial”on Public Security Criminal Investigation and Its Countermeasures

党的十八届四中全会将"以审判为中心"的刑事诉讼制度确立为我国刑事司法改革的基本方向。"以审判为中心"给刑事侦查工作带来更高的调查取证要求、证人鉴定人出庭比例上升、公安侦查人员出庭的压力增大、不起诉及判决无罪的案件增加、辩护律师与公安机关的对抗性增强等诸多挑战。公安机关必须多措并举,转变执法理念,全面提升取证能力,提高证据质量,确保侦查移送的案件经得起庭审质证和法律的检验。

Trail-entered criminal litigation system was established as the basic direction of criminal judicial system in China in the fourth plenary session of the 18 th CPC central committee. ＂Centering on trial＂posed great challenged to criminal investigations,such as higher requirement of investigation and evidence collection,increase of proportion of witness and appraiser ＇s appearance in court,increase of pressures for investigators in court,increase of cases of nolle prosequi and acquittal,upgrade of rivalry between defense lawyer and public security organs. Pubic security organs shall comprehensively promote ability of evidence collection and evidence quality by transforming concept of law enforcement to ensure case of investigation transfer tested by trial cross-examination and laws.