中国司法改革年度报告(2019)

Annual Report on China’s Judicial Reform(2019)

2019年,司法改革总体上是补充性的机制完善。法院、检察院、司法部公布各自的五年改革纲要,在推进合宪性审查工作、废除收容教育制度、完善民事和刑事证据规则、社区矫正立法、开展刑事辩护全覆盖试点等方面有所进展。但多数改革是对先前改革的落实和既有机制的完善。在改革框架确定的情况下,可通过建立政策指导调整司法、司法有效适度回应政策的良性互动机制,逐步改善司法政治生态,点滴推动法治。

In 2019,judicial reform was on the whole embodied in the improvement of supplemental mechanism.Supreme People’s Court,Supreme People’s Procuratorate and Ministry of Justice announced their respective five-year reform outlines and made progress in promoting constitutional review,abolishing the system of detention education,improving the rules of civil and criminal evidence,making rules in the area of community correction and piloting the full coverage of criminal defense.However,most of the reform is supplemental to the previous reform or the improvement of the existing mechanism.Within a defined reform framework,we can gradually improve the judicial and political ecology and promote the rule of law by establishing a positive interaction mechanism in which policies can guide and adjust the justice while justice can effectively and appropriately respond to policies.