以审判为中心的刑事诉讼制度改革再思考

Rethinking on the Reform of Trial-Centered Criminal Lawsuit

以审判为中心是刑事诉讼制度历史演进的必然结果。侦查和起诉被界定为审前程序,是服务于审判实践的。未经法庭审理判决,任何人、任何机构都无权对犯罪嫌疑人、被告人定罪量刑,这是审判实质化的重要体现。以审判为中心要求对案件的审理判决需基于控辩双方的实质辩论、对证据的认定需基于实质举证质证,使庭审成为事实认定、裁决形成的核心。深入推进以审判为中心的刑事诉讼制度改革,就要彻底转变执法理念,坚持惩治犯罪与保障人权并重,强化辩护权,削弱侦查本位主义,落实庭审实质化,排除非法取证,贯彻直接言辞原则,以程序正义实现实体正义。

Trial-centered criminal lawsuit is the inevitable result of the historical evolution of criminal lawsuits. Investigation and prosecution are defined as pre-trial procedures,serving for trial practice. Without the judgment of the court,no one or no organization has the right to convict the suspects and the accused person,which reflects trial materialization. Trial-centered criminal lawsuit requires that the judgment of the case should be based on the substantive debate between the prosecution and the defense,and the confirmation of the evidence needs to be based on the substantive evidence production and cross-examination,so that the court trial becomes the core of the fact finding and verdict. To promote the reform of trial-centered criminal lawsuit,we should thoroughly transform the concept of law enforcement,insist on both punishing crime and protecting human rights,strengthening defence right,and weakening the doctrine of investigation. At the same time we need to implement trial materialization,eliminate illegal evidence,and take the principle of direct testimony to realize substantive justice with procedural justice.