刑拘直诉方式的审视与反思

Review and Reflection on the Mode of Prosecuting Directly in the Phase of Detention

刑拘直诉是各地改革探索的产物,其产生的表层原因是宽严相济刑事政策的推动、优化司法资源配置的需要以及羁押替代性强制措施不力,而深层原因则与效率优先的司法改革认识误区、刑事拘留功能定位的异化分不开。刑拘直诉虽然具有提高诉讼效率、保障诉讼顺利进行以及防止刑期倒挂的优势,但却因严重忽视刑事拘留的紧急性要件、任意延长刑事拘留的期限而面临着合法性危机,此种诉讼方式有待商榷。

Prosecuting directly in the phase of detention is the product of reform exploration whose surface reasons are the promotion of the criminal policy of tempering justice and mercy, the need of optimal allocation of judicial resources and ineffective restraint of alternative coercive measures in custody while its underlying reasons are misunderstanding of efficiency priority of judicial reform, the orientation dissimilation of detention's function. Though prosecuting directly in the phase of detention has some advantages, that is, improving lawsuit efficiency, safeguarding litigation successfully and prevention of prison term hanging up side down, it also faces the crisis of legitimacy due to the omission of detention's emergency conditions and extension of detention period at random. This lawsuit mode needs to be discussed.