论我国刑事诉讼中直接言词原则的实现

On the Realization of the Principle of Direct Words in Criminal Procedure in China

直接言词原则是大陆法系国家诉讼制度的基本原则,在内容上包括直接原则和言词原则两个方面。新时期下,我国积极推进以审判为中心的诉讼制度改革,而审判中心主义的实现,需要贯彻直接言词原则。直接言词原则在我国刑事诉讼中的确立和适用,存在着以卷宗为中心的审理模式、审判委员会制度、证人出庭作证制度以及司法行政化等制约因素。因此,需立足我国刑事司法实践,完善以审判为中心的诉讼制度、改革审判委员会制度等措施,以期对正在开展的庭审实质化改革有所裨益。

The principle of direct words is the basic principle of litigation system in civil law countries, which mainly includes two aspects, namely the principle of direct words and the principle of words. Under such a new era, China is actively promoting the reform of the trial-centered litigation system, and the realization of the trial-centered doctrine actually needs to implement the principle of direct words. Moreover, the establishment and application of the principle of direct words in criminal justice have some restrictive factors in China such as the file-centered trial mode, the trial committee system, the witness appearing in court and testifying system, and the administration of justice and etc. Therefore, it is necessary to perfect the trial-centered litigation system and reform the trial committee system based on the criminal justice practice in China so as to be beneficial to the undergoing substantive trial reform.