“以审判为中心”视域下侦查预审的模式重构
发布时间：2018-08-21 13:56
【摘要】：预审作为侦查阶段证据核实的最后防线,也是起诉审判活动的前置基础。通过法条品读及对既成学说的研究,可以推演出预审具备承续侦查、监督保障和诉讼准备三大应然功能。而"侦审分设""侦审合一"等传统预审模式在现实中乱象生成的症结,源自对预审功能体系的背离。为实现预审功能的本位回归,因应"以审判为中心"的改革基调,祛离侦查本位的诉讼价值,破除"线性结构"的诉讼构造,需要预审重构提供制度支撑。在"大刑侦"格局下布设预审框架,落实主办责任制,辅以证据审核的重点移转和专业人才的培育,以重构与"以审判为中心"逻辑内核相对接的预审模式。
[Abstract]:Pre-hearing is the last line of defense for the verification of evidence in the investigation stage, and it is also the basis of prosecution and trial. Through the reading of articles of law and the study of the established theory, it can be deduced that the prehearing has the following three functions: continuous investigation, supervision and protection, and lawsuit preparation. However, the traditional prehearing mode, such as "the division of investigation and trial" and "the unity of investigation and trial", is the crux of the confusion in reality, which originates from the deviation from the system of prehearing function. In order to realize the regression of prehearing function, according to the reform tone of "taking trial as the center", dispelling the litigation value of investigation standard and breaking the litigation structure of "linear structure", it is necessary to provide system support for pre-hearing reconstruction. Under the pattern of "Great Criminal investigation", the prehearing frame is set up, the responsibility system of the host is put into practice, the key point of evidence examination is transferred and the professional talents are cultivated, and the prehearing mode is connected with the logic core of "trial as the center".
【作者单位】： 西南政法大学刑事侦查学院;
【基金】：2015年重庆市哲学社会科学规划项目“国家治理背景下侦查权的功能调适研究”(2015bs044) 2016年西南政法大学学生科研创新计划资助项目“审判中心主义视域下侦查预审模式的重构”(2016XZXS-087)
【分类号】：D925.2
，
本文编号：2195950
[Abstract]:Pre-hearing is the last line of defense for the verification of evidence in the investigation stage, and it is also the basis of prosecution and trial. Through the reading of articles of law and the study of the established theory, it can be deduced that the prehearing has the following three functions: continuous investigation, supervision and protection, and lawsuit preparation. However, the traditional prehearing mode, such as "the division of investigation and trial" and "the unity of investigation and trial", is the crux of the confusion in reality, which originates from the deviation from the system of prehearing function. In order to realize the regression of prehearing function, according to the reform tone of "taking trial as the center", dispelling the litigation value of investigation standard and breaking the litigation structure of "linear structure", it is necessary to provide system support for pre-hearing reconstruction. Under the pattern of "Great Criminal investigation", the prehearing frame is set up, the responsibility system of the host is put into practice, the key point of evidence examination is transferred and the professional talents are cultivated, and the prehearing mode is connected with the logic core of "trial as the center".
【作者单位】： 西南政法大学刑事侦查学院;
【基金】：2015年重庆市哲学社会科学规划项目“国家治理背景下侦查权的功能调适研究”(2015bs044) 2016年西南政法大学学生科研创新计划资助项目“审判中心主义视域下侦查预审模式的重构”(2016XZXS-087)
【分类号】：D925.2
，
本文编号：2195950
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