论中国对抗制移植失败的原因

法津移植是中国法制现代化的便捷之路,但便捷之路并不一定是平坦大道,艰难和曲折在等待着我们。我国在刑事诉讼法的修改过程中,移植了被世界各国广泛采用的对抗制诉讼模式,因为它确实反映了刑事诉讼的科学性和民主性。但从施行的效果看,移植的这项法律制度不但没有达到预期的效果,在某种程度上来说还是失败的,原因是什么?这正是本文所要探讨的。

On the Reason of failure in Transplanting Confrontation System to China

Though transplanting exotic legal system is the shortcut to the modernization of Chinese institutions, the process of which may not necessarily be smoothy and no one can expect to escape from the hardship and complications. In the course of modification of domestic criminal procedural laws, China has transplanted the world-widely-adopted confrontation lawsuit model and it does reflect the scientific and democratic nature. However, judging from the executing effect, this transplanted legal system has not proved to be as effective as expected and furthermore, it may even be a failure to some extent. What is the reason then? That is what this essay will discuss .