论以审判为中心的审查起诉工作改革

发布时间：2018-11-16 14:19

【摘要】：在"推进以审判为中心的诉讼制度改革"的背景下,审视现行审查起诉工作,存在着不愿意主动排除非法证据,"带病"举证;证据不够充分,勉强起诉;撤诉后以原事实、证据重新起诉甚至变更管辖后重新起诉;不全面移送证据材料,将有利被告人的证据隐匿不送等问题。面对上述问题,应当坚持"以审判为中心",依据审判的要求和标准审查案件事实证据;以审判的思维决定是否起诉;全面收集和移送证据材料;避免就案件事实认定和定性与法院提前沟通;客观公正作出无罪不起诉决定。推进"以审判为中心"的审查起诉工作改革,检察机关还必须转变理念,确立当事人角色意识;调整关系,支持法院依法独立公正行使审判权;破除陈规,改革审查起诉工作考评机制。
[Abstract]:Under the background of "pushing forward the reform of the litigation system with trial as the center", the author examines the current examination and prosecution work and finds that he is not willing to take the initiative to exclude the illegal evidence and "lead the disease" to prove the evidence, the evidence is not sufficient enough, and the prosecution is reluctantly carried out. After withdrawing the original facts, the evidence is reprosecuted or even the jurisdiction changed; if the evidence material is not transferred in an all-round way, the evidence that is beneficial to the defendant will be hidden and not sent. In the face of the above problems, we should insist on "taking trial as the center", review the factual evidence of the case according to the requirements and standards of the trial, decide whether to prosecute with the thinking of trial, collect and transfer evidence materials in an all-round way; Avoid communicating with the court about the facts and nature of the case, and make the decision of innocence and non-prosecution objectively and justly. In order to promote the reform of the review and prosecution work of "taking trial as the center", the procuratorial organs must also change their ideas, establish the consciousness of the parties' role, adjust the relationship and support the courts to exercise their judicial power independently and impartially according to law. Break away from stereotypes and reform the examination and evaluation mechanism of prosecution work.
【作者单位】：南京师范大学法学院;常州市金坛区人民检察院;
【基金】：江苏高校优势学科建设工程资助项目(PAPD)的阶段性研究成果
【分类号】：D925.2

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