中国刑事诉讼法40年的回顾与展望

Four Decades of China’s Criminal Proceeding Law:Review and Prospect

1979年《刑事诉讼法》的制定与三次修改,是中国法治建设和依法治国进程的缩影,推动了刑事诉讼制度不断走向科学化与正当化。40年来,刑事诉讼立法成就斐然,进步巨大,但仍存在不足之处。目前的法典条文数量仍然偏少,规定粗陋。从诉讼结构来看,尚未真正形成法院、控方、辩方的形态,法院的中立裁判者地位未获确认,未体现以审判为中心的诉讼理念,检察机关与公安机关的追诉权流于行政化运行,辩方的诉讼地位未得到充分尊重,律师进行有效辩护面临障碍。展望未来,刑事诉讼法修改应当大幅扩充条文、完善内容,基于控诉、辩护、审判的诉讼构造建构基本原则、制度和程序,体现控辩平等,彰显法院作为裁判主体的中立性与公正性,为公正审判提供充足的立法供给。

In 1979 China’s Criminal Proceeding Law was formulated and later underwent three amendments,which serves as China’s law-based ruling foundation and promotes the scientific and rational movement of the criminal proceeding system.It is argued that over the past 40 years much progress has been made in this law yet there is still much room for improvement.For instance,the articles and sections are not sufficient;the forms of court,prosecutor and defendant has not appeared in a real sense and the neutralized status of court has not been affirmed.Hence,the notion of court-centeredness has not been put into effect and the defendant’s status has yet to be respected.We assume that our criminal proceeding law needs to be expanded in terms content and the relevant principles,systems and procedures should be formulated so as to render sufficient justice to clients involved and make the neutralized subject of court play its designated roles.