对抗制要素刑事庭审模式下的非对抗性审判探析

1996年改革后的中国刑事庭审模式是在原来职权主义审问制基础上吸收当事人主义对抗制要素的混合制庭审模式，但改革的目标在司法实践中没有得到实现，却呈现出具有对抗制要素庭审模式下非对抗性审判的现象。导致这一现象的根本原因是作为对抗制庭审模式基本前提的控审分离、控辩平衡、审判中立缺失。实证分析具有对抗制要素庭审模式下非对抗性审判的现象及原因，有益于中国刑事审判模式的进一步改革。

An Analysis of the Non-confrontational Trial in the Criminal Trial Mode with Elements of Adversary System

In 1996, the reformed mode of China’s criminal trial was a mixed one which absorbed some elements of Adversary System on the base of the original Inquisitorial System. But the target of reform has not been realized in the judicial practice, the phenomena of non-adversary trial appears in the trial mode with elements of Adversary System. The fundamental reasons for these phenomena are the lack of separating of charge and judgment, and the balance between defense and judge neutral which are the basic conditions for Adversary System. An empirical analysis on the phenomenon and reasons for the non-adversary trial in criminal trial mode with elements of Adversary System is beneficial to the further reform of criminal trial mode of China.