以审判为中心背景下的刑事检察工作机制创新研究

发布时间：2018-08-02 20:20

【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“推进以审判为中心的诉讼制度改革”的目标,从而正式确立了以审判为中心诉讼制度改革的宏观政策设计,这既是对刑事司法规律的科学回归及刑事司法内在要求的有效回应,也是刑事诉讼制度改革和发展的根本方向。推进刑事诉讼制度改革,是在近年来冤假错案频繁“曝光”的背景下,党中央着力推进的一项重大改革战略。长期以来,我国在刑事司法领域,事实上形成了“以侦查为中心”的诉讼模式,在“有罪推定”思维和追求破案率等“政绩”的驱使下,案件“带病”移送、起诉、审判的不在少数,刑事诉讼法学理论界和司法实务界,都渴望并呼吁改革刑事诉讼制度。可以说,推进以审判为中心的诉讼制度改革,是众望所归。在刑事诉讼“侦查-起诉-审判”三阶段中,检察机关承担着审查起诉、出庭指控犯罪、审判监督等重要职能,推进刑事诉讼制度改革,对刑事检察工作影响深远,既是重大机遇,也有诸多挑战。笔者在分析刑事诉讼制度改革背景的基础上,对以审判为中心的基本内涵、国内外理论研究和司法实践进行了归纳总结,指出当前刑事检察工作中存在的“司法理念亟需更新,审前程序中侦、捕、诉关系错位,司法实践中的证据审查模式存在缺陷,庭前会议制度不完善,检察环节刑事诉讼繁简分流机制不健全,公诉人司法办案能力不足”等六个方面的主要问题,并进行了深刻剖析。最后,针对存在问题和不足,笔者从刑事检察工作机制创新的视角,提出检察机关应对刑事诉讼制度改革的5个方面19项具体措施。这些措施包含:树立现代刑事司法理念、完善应对庭审实质化的工作机制、构建以检察为主导的诉前机制、健全刑事诉讼检察监督机制、正确处理控辩关系等五个方面,涵盖了刑事诉讼控辩审三角结构中的诸多因素,从理念到实践进行了全方位的分析解读,期望能够为刑事诉讼制度改革提供参考和借鉴,以不断完善以审判为中心的刑事诉讼制度建设。
[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 put forward the goal of "advancing the reform of the litigation system with the trial as the center". Thus, the macro policy design of the judicial system reform is established, which is not only an effective response to the scientific return of the criminal justice law and the inherent requirements of criminal justice, but also the fundamental direction of the reform and development of the criminal procedure system. To promote the reform of criminal procedure system is a major reform strategy put forward by the CPC Central Committee under the background of frequent "exposure" of unjust and false cases in recent years. For a long time, in the field of criminal justice, our country has in fact formed a mode of litigation centered on investigation. Driven by the thinking of "presumption of guilt" and the pursuit of "achievements" such as the rate of detection, the case is transferred and prosecuted. There are not a few trials, criminal procedural law theory and judicial practice, both eager and called for the reform of the criminal procedure system. It can be said that to promote the trial-centered litigation system reform, is expected. In the three stages of criminal procedure, such as examining and prosecuting, appearing in court to charge crimes, supervising trial and so on, the procuratorial organs have profound influence on the criminal procuratorial work by pushing forward the reform of the criminal procedure system. There are many challenges as well as great opportunities. On the basis of analyzing the background of the reform of the criminal procedure system, the author summarizes the basic connotation of the trial as the center, the theoretical research and judicial practice at home and abroad, and points out that the judicial concept in the current criminal procuratorial work needs to be updated urgently. In pretrial procedure, the relationship between investigation, arrest and prosecution is misplaced, there are defects in the mode of evidence examination in judicial practice, the system of pre-trial meeting is not perfect, and the mechanism of diverting complex and simplified criminal proceedings in procuratorial links is not perfect. The main problems in six aspects, such as insufficient judicial handling capacity of public prosecutor, are deeply analyzed. Finally, in view of the existing problems and deficiencies, the author puts forward 19 concrete measures for procuratorial organs to deal with the reform of criminal procedure system in 5 aspects from the angle of innovation of criminal procuratorial work mechanism. These measures include: establishing the modern criminal justice concept, perfecting the working mechanism to deal with the essence of the trial, constructing the pre-prosecution mechanism led by the procuratorate, perfecting the procuratorial supervision mechanism of the criminal procedure, correctly handling the relationship between prosecution and defense, etc. Covering many factors in the triangular structure of prosecution and defense trial in criminal procedure, the author analyzes and interprets from concept to practice, hoping to provide reference and reference for the reform of criminal procedure system. To constantly improve the trial as the center of the criminal procedure system construction.
【学位授予单位】：江苏大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.2

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