以审判为中心的几个理论问题

Several Theoretical Issues about “Centering on the Courtroom Hearings”

以审判为中心,是指在我国宪法规定的"分工负责、互相配合、互相制约"的前提下,诉讼的各个阶段都以法院的庭审和裁决关于事实认定和法律适用的要求和标准进行。以审判为中心要贯彻四大原理:第一是权力制衡原理。理论上,人身自由各种强制措施要由检察机关审查批准,物权限制要实行由检察机关批准的令状主义,自侦案件的强制措施和强制性措施由法院批准。第二是简繁分流原理。这一原理要求注重发挥庭前会议的作用、总结速裁程序、认罪认罚从宽制度试点的经验。第三是证据裁判原理。该原理要求保证证人出庭、区分证明力和证明能力、严格排除非法证据和准确把握证明标准。第四是法律监督原理。该原理要求完善立案监督、侦查监督和涉案财产的检察监督。

'Centering on the courtroom hearings' means that under the constitutional principle requiring the people's courts, the people's procuratorates and the public security organs to 'divide their functions, each taking responsibility for its own work, coordinate their efforts and check each other' in handling criminal cases, every stage of the criminal litigation shall be subordinate to the court trial, i.e., the court verdicts over the legal facts and the requirements and standards of the law application. The theory of 'centering on the courtroom hearings' consists of four major principles: firstly, the principle of 'checks and balances on power', which means that the compulsory measures targeting the personal freedom shall be reviewed and approved by the people's procuratorates, the restrictions on the property rights subordinate to the people's procuratorates' injunctions, and the compulsory measures of the self-investigation cases approved by the courts; secondly, the principle of 'division between the simple and the complex', which means that the pre-session meetings shall be emphasized, and the experience of the fast-sentence procedure and the plea bargaining re-examined; thirdly, the principle of 'evidence-based trial', which means that the appearance of witnesses on the court shall be guaranteed, the concepts of 'weight of proof' distinguished from the 'proving capacity', the illegal evidence strictly excluded and proof standards correctly applied; fourthly, the principle of 'legal supervision', which means the supervision over case filing, investigation, and the procuratorates' supervision over the property involved in the cases shall be improved.