我国刑事诉讼运行状况实证分析
徐美君我国刑事诉讼运行状况实证分析
An Empirical Study on Operation of Chinese Criminal Procedure Law
期刊名称：《法学研究》
期刊年份：
作者：徐美君
单位：复旦大学法学院
中文关键词：刑事诉讼;侦查决定型;实证分析
英文关键词：criminal procedure;“investigation-center” mode;empirical study
中文摘要：
通过对1997年至2007年《中国法律年鉴》记载的数据以及中国东部某基层公安司法机关实际运行刑事诉讼法的相关数据进行分析，可以得出初步的结论：我国的刑事诉讼是一种“侦查决定型”刑事诉讼，侦查机关在侦查终结时所作的决定更是关乎整个刑事案件诉讼结果的命运节点。据此，迄今为止进行的着重于审判程序改革的刑事诉讼改革进路值得反思，未来的刑事诉讼改革应当以解决侦查终结时侦查权的有效监督问题为重点。
英文摘要：
Based on data collected from China Law Year Book and practice in one district in east of China from 1997 to 2007, this paper conducts an empirical study on the operation of current Chinese Criminal Procedural Law. Although there are some variations, the data from the district demonstrates all the characteristics demonstrated by China Law Year Book, that is, very low rate of non-prosecution and non-guilty decision, low percentage of defendant appeal and high rate of affirmation of original judgment in second instance trial and trial supervision procedure, which strengthens the conclusion that Chinese criminal process is decided by criminal investigation.A process decided by investigation procedure means once a case is transferred by the investigative organ to be reviewed and prosecuted, it is very likely to be convicted. Most of the first instance trial just reviews and verifies the evidence collected in the investigation procedure. Such process is different from the “trial-center” criminal procedure of western countries. Such process has some advantages, such as encouraging investigative organs to find out the truth of the case by all means and to screen out most of the suspects in the early stage of criminal process to save procedural resources and make suspects get rid of criminal proceedings earlier. However, it does have some disadvantages. It makes investigative organs under great pressures to collect guilty evidence, which would infringe the human rights of the suspects. Moreover, it also makes the public trial a “rubber stamp” to the investigation procedure and cannot revise errors made in investigation.Current judicial reform chooses trail procedure as the breakthrough, and the investigation procedure seems quiet by comparison. This approach of reform is wrong. To be successful in criminal judicial reform, we must start from investigation procedure. The reform of investigation procedure is too ambitious a topic for this paper to look into. But the decision made by the investigative organ at the end of the investigation is the turning point of criminal proceeding. Establishing effective supervision of this turning point is the key to Chinese criminal process.
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