庭审实质化的路径和方法
龙宗智庭审实质化的路径和方法
Approaches to and Methods of Substantiation of Court Hearing
期刊名称：《法学研究》
期刊年份：
作者：龙宗智
单位：四川大学法学院
中文关键词：以审判为中心;庭审实质化;司法改革;司法权
英文关键词：taking court proceedings as the center of judicial procedure;substantiation of court hearing;judicial reform;judicial power
中文摘要：
在我国, 推动庭审实质化是刑事审判方式的重大变革, 与刑事司法的体制、机制、制度、理念的变革紧密相关。实现庭审实质化, 需适度阻断侦审联结, 直接、有效地审查证据, 包括完善证人出庭作证制度和非法证据排除程序;需充实庭审调查, 改善举证、质证与认证;需完善庭审调查规则, 调整审判节奏, 加强释明权的运用, 改革裁判方式;需充实二审庭审, 明确检察官在二审法庭的职能定位, 发挥其诉讼功能, 合议庭则应当运用职权推动二审审理的精细化和庭审实质化。为适应庭审实质化要求, 应改善庭审准备、加强辩护权保障、推动案件繁简分流以及建立、完善司法责任制。
英文摘要：
Promoting the substantiation of court hearing is a significant reform of the method of criminal trial and is closely related to the reform of the system, mechanisms, institutions and ideology of administration of criminal justice. The substantiation of court hearing requires the cutting off of the linkage between investigation and trial, so as to enable the court to examine evidence directly and effectively. China needs to limit the value of written testimony, improve the system of appearance of witnesses in court and the procedure for the exclusion of illegally obtained evidence, establish the superiority of oral testimony over written testimony, and strictly examine the source of evidence. Moreover, China should improve the procedure for the production, examination and evaluation of evidence, the rules on fact-finding in court, and the use of interpretation power of judges, so as to guarantee a continuous and effective hearing. It should also reform the method of adjudication and increase the percentage of verdicts made in court. Written judgments should focus on the reasoning and analysis of the production and examination of evidence in court, rather than on the analysis of case files. The trial of second instance should also be substantialized and the functions of public prosecutors at second-instance trial should be clarified. To be adapted to the substantiation of court hearing, China should improve the relevant supporting systems, such as improving the preparation for court hearing, further guaranteeing the right to defense, streamlining the case management system and establishing an accountability system.
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