刑事案件庭审实质化问题研究

发布时间：2018-04-10 14:32

本文选题：审判中心主义 + 庭审实质化　；参考：《南京师范大学》2017年硕士论文

【摘要】：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》提出要“推进以审判为中心的诉讼制度改革,确保侦查、审查起诉的案件事实证据经得起法律的检验。”但我国刑事审判的司法实践中仍然存在着侦查中心主义的问题,整个诉讼活动几乎围绕着侦查阶段的结论进行,再加上我国公检法三机关“分工负责、相互配合、相互制约”的关系,导致侦查阶段形成的案卷材料直接影响着最终的裁判结果,庭审过程难以发挥其查明事实、认定证据、保护诉权、公正裁判的实质性作用。以侦查为中心的诉讼模式直接导致了庭审的形式化,这不仅是对被追诉者法定权利的损害,而且极易酿成冤假错案,严重影响了法院裁判的公正性与公信力。实现庭审的实质化,是程序法定原则、无罪推定原则以及司法最终裁判原则的内在要求,也是刑事司法公正性最重要的程序保障。因此,在我们国家依法治国的大背景下,全面推进诉讼制度改革,实现庭审的实质化,是以审判为中心的诉讼制度改革的关键环节。但是由于长期以来“公检法一家”的传统观念深入人心,一方面公检法三机关在办案过程中“重配合轻制约”,另一方面侦诉审互动关系形成的线性构造也使得被追诉人的诉讼地位相对客体化,再加上司法机关对于相关证据规则的漠视,使得部分庭审过程只是走个过场,严重影响了我国刑事司法的公信力。为了实现庭审实质化的改革目标,本文通过对我国刑事诉讼现状的介绍以及庭审实质化问题的提出,揭示了侦查中心主义模式下庭审形式化的弊端,并分析了影响庭审实质化的诸多因素,认为控辩审三方关系的合理调整是实现庭审实质化的突破口,我们必须加速建立科学的公检法权力运行体系,尤其要不断提升法官独立公正审判的能力,同时注重保障辩护权以实现抗辩平衡,以确保诉讼证据出示在法庭,案件事实查明在法庭,控辩意见发表在法庭,判决结果形成在法庭,真正使法庭的审理变成认定案件事实、审查判断证据、适用法律和对案件作出实质性处理的唯一平台。
[Abstract]:The "decision of the CPC Central Committee on comprehensively promoting the Rule of Law on several important issues" adopted by the fourth Plenary session of the 18th CPC Central Committee proposes to "promote the reform of the litigation system centered on trial in order to ensure investigation."The factual evidence of the case examined and prosecuted can stand the test of law. "However, in the judicial practice of criminal trial in our country, there is still the problem of centralism of investigation. The whole litigation activity is carried out almost around the conclusion of the investigation stage. In addition, the three organs of Public Security Bureau, Procuratorate and Court of our country are responsible for the division of labor and cooperate with each other.The relationship of mutual restriction, which leads to the case file material formed in the investigation stage directly affects the final judgment result, the trial process is difficult to exert its substantive function of finding out the facts, confirming the evidence, protecting the right to appeal, and just judgment.The mode of litigation centered on investigation directly leads to the formalization of the trial, which not only damages the legal rights of the accused, but also easily leads to false and false cases, which seriously affects the fairness and credibility of the court decision.Realizing the essence of the trial is the inherent requirement of the principle of legal procedure, the presumption of innocence and the principle of final judicial decision, and the most important procedural guarantee of the fairness of criminal justice.Therefore, under the background of our country ruling the country according to law, it is the key link of the lawsuit system reform with trial as the center to advance the reform of litigation system in an all-round way and realize the materialization of trial.However, since the traditional concept of "public security bureau, procuratorate and court family" has long been deeply rooted in the people's mind, on the one hand, the three organs of the public security bureau, procuratorate and court "attach great importance to coordination and neglect restrictions" in the course of handling the case.On the other hand, the linear structure of the interactive relationship between investigation and prosecution also makes the litigant position of the accused relatively objectified, and the judicial organs ignore the relevant rules of evidence, which makes part of the trial process just a formality.Seriously affected the credibility of our criminal justice.In order to realize the reform goal of the trial materialization, by introducing the present situation of our country's criminal procedure and putting forward the problem of the trial materialization, this paper reveals the malpractice of the trial formalization under the mode of investigative centrism.It also analyzes many factors that affect the materialization of the trial, and holds that the rational adjustment of the tripartite relationship between prosecution and defense is the breakthrough to realize the materialization of the trial. We must accelerate the establishment of a scientific system of running the power of the Public Security Bureau, the Procuratorate and the Court.In particular, the ability of judges to have an independent and fair trial should be continuously upgraded, and attention should be paid to safeguarding the right to defence in order to achieve a balance of defences, so as to ensure that the evidence in the proceedings is presented in court, that the facts of the case are ascertained in court, and that the prosecution and defence opinions areThe result of judgment is formed in the court, which makes the trial of the court become the only platform to determine the facts of the case, to examine and judge the evidence, to apply the law and to deal with the case substantively.
【学位授予单位】：南京师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.2

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