审判中心主义下的刑事辩护问题研究

发布时间：2018-03-22 15:12

本文选题：审判中心主义　切入点：庭审实质化　出处：《北方工业大学》2017年硕士论文　论文类型：学位论文

【摘要】：刑事辩护制度是刑事诉讼制度的重要组成部分,作为司法制度的重要内容之一,刑事辩护贯穿刑事诉讼程序的始终,无论是侦查阶段、审查起诉阶段还是审判阶段,保障辩护权成为刑事司法关注和不断完善的内容要求。回顾以往,诸多被标注为冤假错案的判决几乎皆与陈旧的"侦查中心主义"刑事诉讼制度有关,在这种诉讼模式下,查获犯罪和追究犯罪嫌疑人的刑事责任成为刑事诉讼程序的重点,控辩双方难以平等对抗、非法证据难以有效排除,以及庭审形式化等突出问题,导致犯罪嫌疑人、被告人和辩护律师的辩护权利难以有效保障。伴随依法治国理念的深化和贯彻落实,"推进以审判为中心的诉讼制度改革"成为司法改革的重点,"审判中心主义"转变了"侦查中心主义"刑事诉讼制度的重心,要求侦查、审查起诉围绕着审判工作进行。制约侦检机关的侦查、追诉权,落实直接言辞原则,贯彻证据裁判规则、控辩平等原则,以及推进庭审实质化等内容要求成为审判中心主义的实质内涵。然而,制度理念的要求与司法实践的现状必然不能完全契合。司法实践中公、检、法三机关配合过度导致控辩失衡的情况屡见不鲜;审判阶段默许证人、鉴定人缺席庭审成为司法习惯,致使直接言词原则成为空谈;辩护律师申请权由于没有赋予保障救济措施而形同虚设;卷宗移送制度、庭审质证程序以及庭后裁判程序等依旧流于形式。立足司法现状,落实直接言词原则,严格实行非法证据排除规则,建立采取、变更、解除强制措施的听证程序和第三方审查机制,完善侵犯辩护人权利的程序性制裁机制,是进一步完善刑事辩护保障机制、推进以审判为中心的诉讼制度的有效措施。
[Abstract]:The criminal defense system is an important part of the criminal procedure system. As one of the important contents of the judicial system, the criminal defense runs through the criminal procedure from beginning to end, whether it is the investigation stage, the examination and prosecution stage or the trial stage. The protection of the right to defense has become a matter of concern and continuous improvement in criminal justice. Looking back on the past, many judgments marked as unjust, false and wrong cases are almost related to the old "investigative centrism" criminal litigation system. In this kind of litigation mode, Finding out the crime and investigating the criminal responsibility of the criminal suspect become the focus of the criminal procedure, the prosecution and the defense are difficult to confront equally, the illegal evidence is difficult to be effectively excluded, and the trial is formalized, leading to the criminal suspect. The defense rights of defendants and defence lawyers cannot be effectively guaranteed. With the deepening and implementation of the concept of governing the country according to law, "promoting the reform of the litigation system centered on trial" has become the focus of judicial reform and "adjudication-centrism". Has changed the center of gravity of the criminal procedure system of "investigative centrism", Requiring investigation and examination and prosecution to be carried out around the trial work, restricting the investigation and prosecution authority of the investigative and procuratorial organs, implementing the principle of direct speech, implementing the rules of evidence adjudication, and the principle of equality between prosecution and defense, However, the requirements of the system concept and the present situation of judicial practice must not be completely consistent with the content of the essence of trial, such as promoting the materialization of the trial, and so on, in the judicial practice, the judicial practice, the judicial practice, the judicial practice, the judicial practice, the judicial practice, It is common for the law three organs to cooperate excessively to lead to the imbalance of the prosecution and defense; the acquiescence of witnesses and the absence of experts in the trial stage becomes the judicial custom, and the principle of direct words becomes empty talk; The right to apply for defense counsel has no guarantee and relief measures, and the system of transfer of files, the procedure of cross-examination in court and the procedure of decision after court are still mere formality, and the principle of direct speech is implemented based on the current situation of the judicature and the implementation of the principle of direct speech. Strictly implementing the rule of excluding illegal evidence, establishing the hearing procedure for adopting, changing and lifting coercive measures and the third party examination mechanism, and perfecting the procedural sanction mechanism for violating the rights of defenders are to further improve the criminal defense safeguard mechanism. Effective measures to promote the trial-centered litigation system.
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.2

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