以審判為中心背景下偵訴關系研究
發(fā)布時間：2018-09-01 14:40
【摘要】：偵訴關系是刑事訴訟中一對重要的基本關系,它直接反映了刑事訴訟“偵控”的塑造,亦是調(diào)整審前程序中的主要權力關系,對于實現(xiàn)訴訟目的具有十分重要的意義。無論是實行“偵訴合一”的大陸法系國家還是行使“偵訴分立的”英美法系國家,均十分重視對偵訴關系的研究和探索。理論上認為,和諧的偵訴關系不僅有利于塑造刑事訴訟結(jié)構同時保障刑事訴訟目的的實現(xiàn),最終有利于刑事訴訟機制的良性運作。實踐中,偵、訴、審分工合作因受到多方面諸如“偵查中心主義”的影響而呈現(xiàn)出偵訴關系錯位、偵訴協(xié)作不力、權力制約失衡、監(jiān)督滯后乏力等問題,背離了刑事訴訟的分工負責、相互配合、相互制約的本質(zhì)要求。近年來,我國明確提出了訴訟制度改革的路線喝方針,尤其是在黨的十八屆四中全會明確提出推進“以審判為中心”的訴訟制度改革背景下,如何引導我國偵訴關系回歸理性形態(tài)、進一步完善偵訴關系,對于提高我國司法案件質(zhì)量、效率、公信力,進一步保障人權均具有十分重要的意義。本文分為四個部分：第一部分：闡述“審判為中心”的科學內(nèi)涵,提出以審判為中心的訴訟制度改革主要是通過解決偵查起訴案件質(zhì)量和庭審實質(zhì)化的問題,以實現(xiàn)讓人民群眾在每一件案件中都能感受到公平正義這一總體目標。本文從體現(xiàn)我國刑事訴訟制度的本質(zhì)要求、制約偵查與控訴權、促進司法公正、保障人權等四個方面分析了以審判為中心的訴訟制度改革對進一步完善我國刑事訴訟制度產(chǎn)生的現(xiàn)實意義,并分析指出以審判為中心對偵查與控訴之間關系造成的實際影響。第二部分：通過考察以英國、美國為代表的偵訴分立模式下“檢警分立”的形態(tài)、以德國、法國為代表的偵訴結(jié)合模式下“檢警一體”的形態(tài)、和以日本、韓國為代表的偵訴混合模式,指出偵訴分立、偵訴一體化、混合模式下偵訴關系的各自特點、利弊。在此基礎上,比較評析三種偵訴模式對我國偵訴關系的借鑒意義。第三部分：從我國偵訴關系的現(xiàn)狀、特點出發(fā),指出我國現(xiàn)階段偵訴關系在法律制度層面和司法實踐層面存在的問題,即由于偵訴關系存在調(diào)整偵訴關系法律規(guī)范不完備,偵查、起訴階段制度割裂,警檢協(xié)作配合不足,偵訴制約存在雙向性、偵查監(jiān)督存在被動性、滯后性、剛性不足等問題,使得偵訴雙方基于共同的追訴職能受到了削弱,檢察機關對公安機關偵查活動監(jiān)督不力,對完善我國偵訴關系造成了一定的影響。第四部分：立足我國實際,積極借鑒國外的有益經(jīng)驗,針對我國偵訴關系存在的問題,提出完善我國偵訴關系的具體措施。具體內(nèi)容包括：規(guī)范偵訴職能、建立檢察引導偵查全程化制度、強化偵查監(jiān)督權,完善偵查監(jiān)督制度、構建偵訴協(xié)作機制等。
[Abstract]:The relationship between investigation and prosecution is a pair of important basic relations in criminal proceedings. It directly reflects the shaping of "investigation and control" in criminal proceedings, and it is also the adjustment of the main power relationship in pretrial procedure, which is of great significance to the realization of the purpose of litigation. Both the countries of civil law system and the countries of Anglo-American law system that carry out the unification of investigation and action attach great importance to the research and exploration of the relationship between investigation and prosecution. In theory, the harmonious relationship of investigation and litigation is not only conducive to shaping the structure of criminal proceedings and safeguarding the realization of the purpose of criminal proceedings, but also conducive to the benign operation of the criminal procedure mechanism. In practice, due to the influence of many aspects, such as the centralism of investigation, the cooperation of investigation, litigation and division of work presents some problems, such as the malposition of the relationship between investigation and prosecution, the weak coordination of investigation and prosecution, the imbalance of power restriction, the weakness of supervision, etc. It deviates from the essential requirement of division of responsibility, cooperation and restriction of criminal procedure. In recent years, China has clearly put forward the line and guidelines for the reform of the litigation system, especially in the context of the reform of the litigation system, which was clearly proposed by the fourth Plenary session of the 18th CPC Central Committee to promote the "trial as the center". How to guide the relationship between investigation and prosecution to return to rational form and further improve the relationship between investigation and prosecution is of great significance for improving the quality, efficiency, credibility and further protection of human rights of judicial cases in our country. This article is divided into four parts: the first part: expounds the scientific connotation of "trial as the center", and puts forward that the reform of litigation system with trial as the center is mainly through solving the problems of the quality of investigation and prosecution cases and the substance of the trial. In order to achieve the overall goal of making the masses feel fair and just in every case. This article reflects the essential requirements of our country's criminal procedure system, restricts the right of investigation and prosecution, and promotes judicial justice. This paper analyzes the practical significance of the reform of the trial centered litigation system to the further improvement of the criminal procedure system in China, and points out the practical influence of the trial as the center on the relationship between investigation and prosecution. The second part: through examining the form of "separation of procuratorial and police" in the mode of separation of investigation and prosecution represented by the United Kingdom and the United States, the form of "combination of prosecution and police" under the mode of combination of investigation and prosecution, represented by Germany and France, and the form of "integration of prosecution and police" under the mode of separation of investigation and prosecution, and Japan. Korea is the representative of the mixed mode of investigation and litigation, pointing out the characteristics, advantages and disadvantages of the relationship between investigation and prosecution under the mode of separation of investigation and prosecution, integration of investigation and prosecution. On the basis of this, the reference significance of the three kinds of investigation modes to the investigation and prosecution relationship in our country is compared and analyzed. The third part: proceeding from the present situation and characteristics of the investigation and litigation relations in our country, the author points out the problems existing in the legal system and judicial practice of the investigation and litigation relations in our country at the present stage, that is, the legal norms of adjusting the investigation and litigation relations are not perfect because of the legal norms of the investigation and litigation relations. The system of investigation and prosecution is fragmented, the coordination of police and procuratorate is insufficient, the restriction of investigation and prosecution is bidirectional, the investigation and supervision is passive, lag and rigidity is insufficient, and so on, which makes the function of both sides of investigation and prosecution based on common prosecution to be weakened. The poor supervision by procuratorial organs on the investigation activities of public security organs has had a certain impact on the perfection of the investigation and litigation relations in China. The fourth part: based on the reality of our country, actively draw lessons from the beneficial experience of foreign countries, aiming at the problems existing in the relationship of investigation and prosecution in our country, put forward the concrete measures to perfect the relationship of investigation and prosecution in our country. The concrete contents include: standardizing the function of investigation, establishing the system of procuratorial guidance, strengthening the power of investigation supervision, perfecting the system of investigation and supervision, and constructing the cooperation mechanism of investigation and prosecution, etc.
【學位授予單位】：華中師范大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D925.2
本文編號：2217508
[Abstract]:The relationship between investigation and prosecution is a pair of important basic relations in criminal proceedings. It directly reflects the shaping of "investigation and control" in criminal proceedings, and it is also the adjustment of the main power relationship in pretrial procedure, which is of great significance to the realization of the purpose of litigation. Both the countries of civil law system and the countries of Anglo-American law system that carry out the unification of investigation and action attach great importance to the research and exploration of the relationship between investigation and prosecution. In theory, the harmonious relationship of investigation and litigation is not only conducive to shaping the structure of criminal proceedings and safeguarding the realization of the purpose of criminal proceedings, but also conducive to the benign operation of the criminal procedure mechanism. In practice, due to the influence of many aspects, such as the centralism of investigation, the cooperation of investigation, litigation and division of work presents some problems, such as the malposition of the relationship between investigation and prosecution, the weak coordination of investigation and prosecution, the imbalance of power restriction, the weakness of supervision, etc. It deviates from the essential requirement of division of responsibility, cooperation and restriction of criminal procedure. In recent years, China has clearly put forward the line and guidelines for the reform of the litigation system, especially in the context of the reform of the litigation system, which was clearly proposed by the fourth Plenary session of the 18th CPC Central Committee to promote the "trial as the center". How to guide the relationship between investigation and prosecution to return to rational form and further improve the relationship between investigation and prosecution is of great significance for improving the quality, efficiency, credibility and further protection of human rights of judicial cases in our country. This article is divided into four parts: the first part: expounds the scientific connotation of "trial as the center", and puts forward that the reform of litigation system with trial as the center is mainly through solving the problems of the quality of investigation and prosecution cases and the substance of the trial. In order to achieve the overall goal of making the masses feel fair and just in every case. This article reflects the essential requirements of our country's criminal procedure system, restricts the right of investigation and prosecution, and promotes judicial justice. This paper analyzes the practical significance of the reform of the trial centered litigation system to the further improvement of the criminal procedure system in China, and points out the practical influence of the trial as the center on the relationship between investigation and prosecution. The second part: through examining the form of "separation of procuratorial and police" in the mode of separation of investigation and prosecution represented by the United Kingdom and the United States, the form of "combination of prosecution and police" under the mode of combination of investigation and prosecution, represented by Germany and France, and the form of "integration of prosecution and police" under the mode of separation of investigation and prosecution, and Japan. Korea is the representative of the mixed mode of investigation and litigation, pointing out the characteristics, advantages and disadvantages of the relationship between investigation and prosecution under the mode of separation of investigation and prosecution, integration of investigation and prosecution. On the basis of this, the reference significance of the three kinds of investigation modes to the investigation and prosecution relationship in our country is compared and analyzed. The third part: proceeding from the present situation and characteristics of the investigation and litigation relations in our country, the author points out the problems existing in the legal system and judicial practice of the investigation and litigation relations in our country at the present stage, that is, the legal norms of adjusting the investigation and litigation relations are not perfect because of the legal norms of the investigation and litigation relations. The system of investigation and prosecution is fragmented, the coordination of police and procuratorate is insufficient, the restriction of investigation and prosecution is bidirectional, the investigation and supervision is passive, lag and rigidity is insufficient, and so on, which makes the function of both sides of investigation and prosecution based on common prosecution to be weakened. The poor supervision by procuratorial organs on the investigation activities of public security organs has had a certain impact on the perfection of the investigation and litigation relations in China. The fourth part: based on the reality of our country, actively draw lessons from the beneficial experience of foreign countries, aiming at the problems existing in the relationship of investigation and prosecution in our country, put forward the concrete measures to perfect the relationship of investigation and prosecution in our country. The concrete contents include: standardizing the function of investigation, establishing the system of procuratorial guidance, strengthening the power of investigation supervision, perfecting the system of investigation and supervision, and constructing the cooperation mechanism of investigation and prosecution, etc.
【學位授予單位】：華中師范大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D925.2
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