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-  2016 

“以审判为中心”改革三题
“Trial centered system” and the basic guarantee mechanism

DOI: 1672-3104(2016)05-0040-06

Keywords: trial-centered system, litigation reform, substantialize the trial process, evidence system, the case triage

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Abstract:

摘 要: “以审判为中心”不等同于审判中心主义,不涉及到诉讼制度的重新建构。其基本意旨就是要将庭审实质化,要求落实证据裁判原则,落实直接言辞原则,让法庭真正成为一个控辩审三方积聚共识、化解分歧的地方。“以审判为中心”与宪法第135条的规定亦无法理上的冲突,只是重申并强化了相互配合、相互制约以及检察监督的原则。落实“以审判为中心”的改革,不仅要关注相关庭审方式的改进,更重要的是要推动保障运行机制的构建。要求建立统一的证据规则体系,规范公安的侦查执法活动,落实责任主体制以及案件质量终身负责制和科学的案件分流机制。
Abstract: “Trial-centered system” is not equal to the trial centerism, nor does it involve the reconstruction of the litigation system. Its basic purpose is to make the trial substantialize and to carry out the principle of evidentiary adjudication and the principle of direct words so as to ensure eventually the court a place where the prosecutor, the defendant and the trial gather consensus and resolve differences. “Trial-centered system” is not legally in conflict with the provisions of the constitution of Article 135, but only reaffirming and strengthening the principle of mutual cooperation, mutual restraint, and inspection and supervision. For the implementation of the “Trial-centered system” reform, we should not only pay attention to the improvement of the relevant court trial, but also promote the construction of the protection mechanism. This requires us to establish a unified system of evidence rules, to regulate police investigation and law enforcement activities, to ensure the implement of the responsibility system and the system of lifetime responsibility for the case quality as well as the scientific case triage mechanism

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