刑事审辩关系:模式的异化与回归
发布时间：2018-09-17 07:38
【摘要】：审辩交易和审辩对抗是审辩关系异化的两种样态。前者以"权力寻租"为主要体现,反映法官和律师由法律职业共同体向利益共同体的畸变;后者以"审辩对抗"为指涉对象,体现法官和律师在诉讼角色上的紧张关系。"消费"司法公信力、让现实利益压制法律人共同的正义信仰、司法公开渠道阻塞皆为产生乱象之根源。协同主义诉讼理念强调法官和当事人应互助合作,协同推进诉讼程序的进行。刑事程序中的审辩关系可在回归现行法律框架的基础上借鉴该理念,搭建审辩充分沟通与对话的平台,通过法官职权向诉讼弱方的适度倾斜,弥补控辩双方诉讼能力的实质差异。
[Abstract]:The transaction of trial and the confrontation between trial and argument are two kinds of dissimilation of the relationship between trial and argument. The former is mainly embodied in "power rent-seeking", which reflects the distortion of judges and lawyers from the legal professional community to the community of interests, while the latter refers to "adversarial confrontation", which reflects the tense relationship between judges and lawyers in the role of litigation. " Consumption "judicial credibility, let the real interests suppress the common legal belief in justice, the obstruction of judicial open channels are the root causes of chaos." The idea of synergetic litigation emphasizes that judges and parties should cooperate with each other and promote the proceeding of litigation. On the basis of returning to the current legal framework, the relationship between trial and defense in criminal procedure can be used for reference, and a platform for full communication and dialogue between trial and argument can be built. To make up for the substantive differences between the prosecution and the defense.
【作者单位】： 中国政法大学刑事司法学院;
【分类号】：D925.2
，
本文编号：2245184
[Abstract]:The transaction of trial and the confrontation between trial and argument are two kinds of dissimilation of the relationship between trial and argument. The former is mainly embodied in "power rent-seeking", which reflects the distortion of judges and lawyers from the legal professional community to the community of interests, while the latter refers to "adversarial confrontation", which reflects the tense relationship between judges and lawyers in the role of litigation. " Consumption "judicial credibility, let the real interests suppress the common legal belief in justice, the obstruction of judicial open channels are the root causes of chaos." The idea of synergetic litigation emphasizes that judges and parties should cooperate with each other and promote the proceeding of litigation. On the basis of returning to the current legal framework, the relationship between trial and defense in criminal procedure can be used for reference, and a platform for full communication and dialogue between trial and argument can be built. To make up for the substantive differences between the prosecution and the defense.
【作者单位】： 中国政法大学刑事司法学院;
【分类号】：D925.2
，
本文编号：2245184
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