刑拘直诉机制的批判性思考

Critical Thinking on the Mechanism of Direct Litigation after Criminal

认罪认罚从宽背景下,刑拘直诉机制作为推动速裁程序提质增效的制度设计之一,是我国在实践中探索出的轻微刑事案件快速处理机制。该机制在促进刑事案件繁简分流、落实认罪认罚从宽理念、提高刑事诉讼的效率等方面具有显著价值。但自其实践之日起,其在合法性与合理性方面便存在如法律依据不充分、监督机制不完善、人权保障不足等诸多争议。立足当前司法体制,应深入贯彻“以非羁押措施为主,羁押措施为辅”的基本原则,在明晰刑拘直诉机制效用与流弊的基础上,对刑拘直诉机制予以废除,并借助大数据、云地图等手段,推动我国非羁押诉讼模式的塑造完善。

In the context of leniency on admission of guilty and acceptance of punishment,the direct litigation after criminal detention,as one of the institutional designs to promote the quality and efficiency of the criminal speedy trial procedure,is an approach drawn from the practice in China for rapid processing of minor criminal cases.This method is greatly valuable to promoting the simplification of criminal cases,implementing the concept of leniency on admission of guilty and acceptance of punishment and improving the efficiency of criminal proceedings.However,since its practice,there have been many controversies regarding its legitimacy and rationality,such as soft legal basis,imperfect supervision mechanism,and insufficient human rights protection.Based on the current judicial system,the principle of"non-custodial measures as the main,custodial measures as a supplement"should be followed,the mechanism of the direct litigation after criminal detention should be abolished on the basis of being clear about the utility and drawbacks of the mechanism,and the mode of non-custodial litigation should be perfected as much as possible with the help of big data,cloud maps and other means.