对复印件主义公诉方式的反思

复印件主义公诉方式的缺陷主要表现在 :尚未根除法官的预断与偏见 ;侵害被告方全面获悉被控证据权 ;滋生“埋伏审判”等弊端。建构科学的符合诉讼规律和公正价值的公诉程序势在必行。为阻断侦查与审判的承继关系 ,强化审判中心地位和辩方的防御能力 ,需要改造公诉方式 ,确立起诉书一本主义和证据展示制度。

A Reflection on the Photocopyism in Public Prosecution

The defects of photocopyism in public prosecution lie in that: there is likelihood for pretrial bias of judges, which infringes the right of the defendant to access to all the evidence against him and hence amounts to "camouflaged trial". It is imperative to establish the public prosecution procedures based on the natural laws of public prosecution and equity values. This paper attempts to make proposals as to reform public prosecution aiming at separating trial from investigation, enhance the core position of trial and strengthen the right of the defendant by institutionalizing the public prosecution based on the exclusiveness of the bill of prosecution and the system of evidence display.