刑事司法中的新型檢律關(guān)系研究
發(fā)布時間：2018-10-26 19:58
【摘要】：檢律關(guān)系,既包含了檢察官與律師的關(guān)系,也包含了檢察機關(guān)與律師的關(guān)系。檢律關(guān)系作為刑事司法中重要的法律關(guān)系,是刑事司法體系中的重要元素,檢律關(guān)系直接影響到司法公正的建設(shè)。我國刑事司法體系中的檢律關(guān)系,主要表現(xiàn)為檢察官與律師之間的控辯對抗與互相監(jiān)督。我國的檢察官和律師之間的關(guān)系經(jīng)歷了從無到有的三個階段,從司法體系的缺失導(dǎo)致的檢律缺位,到司法體系的不完善導(dǎo)致的檢律失衡,再到如今三角構(gòu)造中的檢律對抗。我國的檢察機關(guān)具有雙重身份,同時承擔了國家公訴和法律監(jiān)督兩種職能,在刑事司法程序中,檢察官往往容易憑借其國家公職人員的身份優(yōu)勢,在刑事訴訟過程中對犯罪嫌疑人與辯護律師采取高壓控訴的態(tài)勢,因此,可能會侵害犯罪嫌疑人的訴訟權(quán)利,給辯護律師的辯護權(quán)的行使造成阻礙。綜上,檢律之間亟需建立起平等的對抗力量,加強對檢察機關(guān)的權(quán)力監(jiān)督,賦予辯護律師更多實質(zhì)性的辯護權(quán)利。現(xiàn)實中的檢律關(guān)系面臨著諸多困境,主要是檢律雙方之間缺乏信任,并且未構(gòu)建起實質(zhì)上的法律共同體,再加之律師辯護權(quán)利仍然缺乏制度保障,彼此之間的溝通互動不夠暢通,造成了當前的檢律關(guān)系止步不前。域外國家能夠建立起良好的檢律關(guān)系,緣于其堅持"平等武裝"理論,在檢察官與律師之間實現(xiàn)了力量的平等,并且充分貫徹對抗性司法,堅持控辯平衡思想,從而營造平衡的對抗格局,增加雙方的合作,減少雙方的沖突,對于我國的檢律關(guān)系發(fā)展是良好的借鑒。新型檢律關(guān)系的構(gòu)建,首先要堅持檢律之間的"平等武裝",充分貫徹與落實"三角構(gòu)造"理論,在刑事司法程序中堅持程序正義原則。新型檢律關(guān)系構(gòu)建的關(guān)鍵在于要著力解決檢察官與律師兩者在刑事司法程序中的力量平衡問題,使彼此重新獲得對方的信任與理解,從制度上以及理念上構(gòu)建起真正的法律職業(yè)共同體,在立法上加強對辯護律師以及犯罪嫌疑人訴訟權(quán)利的保護,從根本上解決檢律之間的良性互動問題,構(gòu)建起檢律之間的良性互動格局。
[Abstract]:The relationship between procurator and lawyer includes the relationship between procurator and lawyer as well as between procuratorial organ and lawyer. As an important legal relationship in criminal justice, the relationship between law and law is an important element in the criminal justice system, which directly affects the construction of judicial justice. The relationship between procurators and lawyers in the criminal justice system of our country is mainly characterized by the confrontation and mutual supervision between prosecutors and lawyers. The relationship between procurators and lawyers in our country has experienced three stages from scratch, from the absence of judicial system to the imbalance of procuratorial laws caused by the imperfection of judicial system, and to the antagonism of procuratorial laws in the triangular structure today. The procuratorial organ of our country has dual status, and has two functions of national public prosecution and legal supervision at the same time. In the criminal judicial procedure, public procurators often rely on the advantage of their national public officials' identity. In the process of criminal proceedings, criminal suspects and defense lawyers are subject to high-pressure complaints, which may infringe upon the criminal suspects' procedural rights and hinder the exercise of defence counsel's right to defense. To sum up, it is urgent to establish equal antagonism between procuratorial laws, strengthen the supervision of procuratorial organs, and give defense lawyers more substantive defense rights. In reality, the relationship between prosecutors and lawyers faces many difficulties, mainly because of the lack of trust between the parties, and the lack of a substantial legal community, plus the lack of institutional protection of lawyers' right to defend. Communication and interaction between each other is not smooth, resulting in the current regulatory relationship stalled. Foreign countries are able to establish good relations between prosecutors and lawyers because they adhere to the theory of "equal arms", realize the equality of power between prosecutors and lawyers, and fully implement adversarial justice and adhere to the idea of balance between prosecution and defense. Thus, it is a good reference for the development of the relationship between the procurators and the law to create a balanced pattern of confrontation, increase the cooperation between the two sides, and reduce the conflict between the two sides. In order to construct a new relationship between procurators and laws, we must first insist on the "equal armed forces" between the procuratorial laws, fully implement the theory of "triangular structure", and uphold the principle of procedural justice in the criminal judicial process. The key to the establishment of a new relationship between prosecutors and lawyers lies in solving the balance of power between prosecutors and lawyers in the criminal justice process, so that they can regain the trust and understanding of each other. From the system and the concept of the real legal professional community, in legislation to strengthen the defense counsel and criminal suspects to protect the right to litigation, fundamentally solve the benign interaction between the prosecution law. Build up the pattern of benign interaction between the law.
【學位授予單位】：海南大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D925.2
本文編號：2296794
[Abstract]:The relationship between procurator and lawyer includes the relationship between procurator and lawyer as well as between procuratorial organ and lawyer. As an important legal relationship in criminal justice, the relationship between law and law is an important element in the criminal justice system, which directly affects the construction of judicial justice. The relationship between procurators and lawyers in the criminal justice system of our country is mainly characterized by the confrontation and mutual supervision between prosecutors and lawyers. The relationship between procurators and lawyers in our country has experienced three stages from scratch, from the absence of judicial system to the imbalance of procuratorial laws caused by the imperfection of judicial system, and to the antagonism of procuratorial laws in the triangular structure today. The procuratorial organ of our country has dual status, and has two functions of national public prosecution and legal supervision at the same time. In the criminal judicial procedure, public procurators often rely on the advantage of their national public officials' identity. In the process of criminal proceedings, criminal suspects and defense lawyers are subject to high-pressure complaints, which may infringe upon the criminal suspects' procedural rights and hinder the exercise of defence counsel's right to defense. To sum up, it is urgent to establish equal antagonism between procuratorial laws, strengthen the supervision of procuratorial organs, and give defense lawyers more substantive defense rights. In reality, the relationship between prosecutors and lawyers faces many difficulties, mainly because of the lack of trust between the parties, and the lack of a substantial legal community, plus the lack of institutional protection of lawyers' right to defend. Communication and interaction between each other is not smooth, resulting in the current regulatory relationship stalled. Foreign countries are able to establish good relations between prosecutors and lawyers because they adhere to the theory of "equal arms", realize the equality of power between prosecutors and lawyers, and fully implement adversarial justice and adhere to the idea of balance between prosecution and defense. Thus, it is a good reference for the development of the relationship between the procurators and the law to create a balanced pattern of confrontation, increase the cooperation between the two sides, and reduce the conflict between the two sides. In order to construct a new relationship between procurators and laws, we must first insist on the "equal armed forces" between the procuratorial laws, fully implement the theory of "triangular structure", and uphold the principle of procedural justice in the criminal judicial process. The key to the establishment of a new relationship between prosecutors and lawyers lies in solving the balance of power between prosecutors and lawyers in the criminal justice process, so that they can regain the trust and understanding of each other. From the system and the concept of the real legal professional community, in legislation to strengthen the defense counsel and criminal suspects to protect the right to litigation, fundamentally solve the benign interaction between the prosecution law. Build up the pattern of benign interaction between the law.
【學位授予單位】：海南大學
【學位級別】：碩士
【學位授予年份】：2017
【分類號】：D925.2
【參考文獻】
相關(guān)期刊論文 前1條
1 全實;;當前我國新型檢律關(guān)系的構(gòu)建[J];黑龍江省政法管理干部學院學報;2016年03期
，本文編號：2296794
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