以审判为中心背景下侦诉关系研究

发布时间：2018-09-01 14:40

【摘要】：侦诉关系是刑事诉讼中一对重要的基本关系,它直接反映了刑事诉讼“侦控”的塑造,亦是调整审前程序中的主要权力关系,对于实现诉讼目的具有十分重要的意义。无论是实行“侦诉合一”的大陆法系国家还是行使“侦诉分立的”英美法系国家,均十分重视对侦诉关系的研究和探索。理论上认为,和谐的侦诉关系不仅有利于塑造刑事诉讼结构同时保障刑事诉讼目的的实现,最终有利于刑事诉讼机制的良性运作。实践中,侦、诉、审分工合作因受到多方面诸如“侦查中心主义”的影响而呈现出侦诉关系错位、侦诉协作不力、权力制约失衡、监督滞后乏力等问题,背离了刑事诉讼的分工负责、相互配合、相互制约的本质要求。近年来,我国明确提出了诉讼制度改革的路线喝方针,尤其是在党的十八届四中全会明确提出推进“以审判为中心”的诉讼制度改革背景下,如何引导我国侦诉关系回归理性形态、进一步完善侦诉关系,对于提高我国司法案件质量、效率、公信力,进一步保障人权均具有十分重要的意义。本文分为四个部分：第一部分：阐述“审判为中心”的科学内涵,提出以审判为中心的诉讼制度改革主要是通过解决侦查起诉案件质量和庭审实质化的问题,以实现让人民群众在每一件案件中都能感受到公平正义这一总体目标。本文从体现我国刑事诉讼制度的本质要求、制约侦查与控诉权、促进司法公正、保障人权等四个方面分析了以审判为中心的诉讼制度改革对进一步完善我国刑事诉讼制度产生的现实意义,并分析指出以审判为中心对侦查与控诉之间关系造成的实际影响。第二部分：通过考察以英国、美国为代表的侦诉分立模式下“检警分立”的形态、以德国、法国为代表的侦诉结合模式下“检警一体”的形态、和以日本、韩国为代表的侦诉混合模式,指出侦诉分立、侦诉一体化、混合模式下侦诉关系的各自特点、利弊。在此基础上,比较评析三种侦诉模式对我国侦诉关系的借鉴意义。第三部分：从我国侦诉关系的现状、特点出发,指出我国现阶段侦诉关系在法律制度层面和司法实践层面存在的问题,即由于侦诉关系存在调整侦诉关系法律规范不完备,侦查、起诉阶段制度割裂,警检协作配合不足,侦诉制约存在双向性、侦查监督存在被动性、滞后性、刚性不足等问题,使得侦诉双方基于共同的追诉职能受到了削弱,检察机关对公安机关侦查活动监督不力,对完善我国侦诉关系造成了一定的影响。第四部分：立足我国实际,积极借鉴国外的有益经验,针对我国侦诉关系存在的问题,提出完善我国侦诉关系的具体措施。具体内容包括：规范侦诉职能、建立检察引导侦查全程化制度、强化侦查监督权,完善侦查监督制度、构建侦诉协作机制等。
[Abstract]:The relationship between investigation and prosecution is a pair of important basic relations in criminal proceedings. It directly reflects the shaping of "investigation and control" in criminal proceedings, and it is also the adjustment of the main power relationship in pretrial procedure, which is of great significance to the realization of the purpose of litigation. Both the countries of civil law system and the countries of Anglo-American law system that carry out the unification of investigation and action attach great importance to the research and exploration of the relationship between investigation and prosecution. In theory, the harmonious relationship of investigation and litigation is not only conducive to shaping the structure of criminal proceedings and safeguarding the realization of the purpose of criminal proceedings, but also conducive to the benign operation of the criminal procedure mechanism. In practice, due to the influence of many aspects, such as the centralism of investigation, the cooperation of investigation, litigation and division of work presents some problems, such as the malposition of the relationship between investigation and prosecution, the weak coordination of investigation and prosecution, the imbalance of power restriction, the weakness of supervision, etc. It deviates from the essential requirement of division of responsibility, cooperation and restriction of criminal procedure. In recent years, China has clearly put forward the line and guidelines for the reform of the litigation system, especially in the context of the reform of the litigation system, which was clearly proposed by the fourth Plenary session of the 18th CPC Central Committee to promote the "trial as the center". How to guide the relationship between investigation and prosecution to return to rational form and further improve the relationship between investigation and prosecution is of great significance for improving the quality, efficiency, credibility and further protection of human rights of judicial cases in our country. This article is divided into four parts: the first part: expounds the scientific connotation of "trial as the center", and puts forward that the reform of litigation system with trial as the center is mainly through solving the problems of the quality of investigation and prosecution cases and the substance of the trial. In order to achieve the overall goal of making the masses feel fair and just in every case. This article reflects the essential requirements of our country's criminal procedure system, restricts the right of investigation and prosecution, and promotes judicial justice. This paper analyzes the practical significance of the reform of the trial centered litigation system to the further improvement of the criminal procedure system in China, and points out the practical influence of the trial as the center on the relationship between investigation and prosecution. The second part: through examining the form of "separation of procuratorial and police" in the mode of separation of investigation and prosecution represented by the United Kingdom and the United States, the form of "combination of prosecution and police" under the mode of combination of investigation and prosecution, represented by Germany and France, and the form of "integration of prosecution and police" under the mode of separation of investigation and prosecution, and Japan. Korea is the representative of the mixed mode of investigation and litigation, pointing out the characteristics, advantages and disadvantages of the relationship between investigation and prosecution under the mode of separation of investigation and prosecution, integration of investigation and prosecution. On the basis of this, the reference significance of the three kinds of investigation modes to the investigation and prosecution relationship in our country is compared and analyzed. The third part: proceeding from the present situation and characteristics of the investigation and litigation relations in our country, the author points out the problems existing in the legal system and judicial practice of the investigation and litigation relations in our country at the present stage, that is, the legal norms of adjusting the investigation and litigation relations are not perfect because of the legal norms of the investigation and litigation relations. The system of investigation and prosecution is fragmented, the coordination of police and procuratorate is insufficient, the restriction of investigation and prosecution is bidirectional, the investigation and supervision is passive, lag and rigidity is insufficient, and so on, which makes the function of both sides of investigation and prosecution based on common prosecution to be weakened. The poor supervision by procuratorial organs on the investigation activities of public security organs has had a certain impact on the perfection of the investigation and litigation relations in China. The fourth part: based on the reality of our country, actively draw lessons from the beneficial experience of foreign countries, aiming at the problems existing in the relationship of investigation and prosecution in our country, put forward the concrete measures to perfect the relationship of investigation and prosecution in our country. The concrete contents include: standardizing the function of investigation, establishing the system of procuratorial guidance, strengthening the power of investigation supervision, perfecting the system of investigation and supervision, and constructing the cooperation mechanism of investigation and prosecution, etc.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.2

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