当事人主义刑事诉讼中的法庭调查程序评析

Comments on the Court Investigation Procedures in Criminal Proceedings of Adversary System

当事人主义刑事诉讼中的庭审调查对犯罪事实和仅仅影响量刑的事实适用不同的程序和证据规则,并在开始调查证据之前设置专门的开头陈述程序,调查过程严格区分控方举证与辩方举证两个不同阶段,调查的范围仅限于针对两方有争议的事实和情节。这些特点集中体现了当事人主义刑事诉讼的基本理念———正当程序。

Under the adversary system, different proceedings and evidentiary rules are applied for ascertaining the existence of the alleged crime and those “circumstances' affecting the culpability. There is a special stage named “opening statement' in advance. The prosecution's case and the defense's case are conducted consecutively. The scope of the course of evidence is focused only on those facts that are really disputed. These features collectively reflect the core idea of the adversary system, the “due process'.