“以审判为中心”与“以检察为主导”的辩证关系——以认罪认罚从宽制度为视角

Dialectical Relationship between “Trial-Centered” and “Procuratorial Organs’ Dominant Status”—From the Perspective of Leniency System of Pleading Guilty and Punishment

党的十八届四中全会通过的《中共中央关于全面推进依法治国若干重大问题的决定》中明确提出了“推进以审判为中心的诉讼制度改革”,确立了以审判为中心的制度模式。而伴随着认罪认罚从宽制度的建立健全,我国也出现了“检察官法官化”的权力转移现象,并在实质上形成了一种检察主导的刑事案件处理模式。由此,产生了“以审判为中心”与“以检察为主导”两者互相对立冲突的局面。对此,我们应当正确认识两者之间的关系。实践中推进以审判为中心的诉讼制度改革,并不意味着否定检察主导程序模式,本文以认罪认罚制度为视角,探讨“以审判为中心”与“以检察为主导”之间的对立统一关系。

The “Decision of the Central Committee of the Communist Party of China on Some Major Issues Con-cerning Comprehensively Advancing the Rule of Law” adopted at the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China clearly stated “promoting the reform of the trial-centered litigation system” and established a trial-centered system model. With the estab-lishment and improvement of the system of leniency on admission of guilt and acceptance of pun-ishment, the phenomenon of power transfer of “prosecutor judge” has also appeared in China, and in essence, a procuratorial-led criminal case handling model has been formed. As a result, there is a conflict between “trial-centered” and “procuratorial organs’ dominant status”. In this regard, we should correctly understand the relationship between the two. Promoting the reform of the tri-al-centered litigation system in practice does not mean denying the procuratorial-led procedure model. This paper discusses the unity of opposites between “trial-centered” and “procuratorial or-gans’ dominant status” from the perspective of the system of confession and punishment.