涉疫情刑事案件诉讼程序若干问题探析

Discussion on Some Problems in the Procedure of Criminal Cases Involving COVID-19 Epidemic Situation

在涉疫情刑事案件诉讼的司法实践中,应坚守法治思维,权衡疫情防控、法治治理、司法公正等关系,注重实体正义与程序正义的平衡,追求社会效益与法治效果的双赢。特殊时期,需对涉疫情刑事案件诉讼中的侦查监督、检察参与、被追诉人权利保障、依法审判等若干问题加以审视考量,亦应当实现快速侦查、严格审查、公正裁判,在疫情防控与严格司法之间寻求最大公约数。

In the judicial practice of criminal cases involving epidemic diseases,we shall adhere to the rule of law,balance the relationship between epidemic prevention,law governance and judicial justice,and pay more attention to the balance of substantive justice and procedural justice,and pursue the win-win situation of social benefits and law governance.In the special period,it is necessary to consider the investigation and supervision,procuratorial participation,power and rights and trial in accordance with the law in criminal cases involving epidemic diseases.It is also necessary to conduct investigation and examination rapidly,andget fair judgments.We shall seek the maximum common divisor between epidemic prevention and legal governance.