刑事诉权理论视野下的刑事审判制度改革

诉权理论产生于民事诉讼法学,但从刑事诉讼法与民事诉讼法的内在关联来看,诉权理论也可成为刑事诉讼法学基础理论之一,刑事诉权与刑事审判权仍是构成刑事审判制度的两个基本要素。在刑事诉讼法的再修改提上立法日程之际,运用刑事诉权理论来分析我国现行刑事审判制度中的一些制度,我们不难发现在现行审判制度下,诉权不能主导审判进程,诉权与审判权关系失衡。正视这些问题,运用刑事诉权理论指导刑事审判制度的改革,强调诉权保障理念,才能真正理顺诉权与审判权的关系。

The Reform of Criminal Trial Systems in View of Criminal Right of Action

The theory of right of action originated from civil procedural law. But considered from the inner relationship between the criminal procedure and civil procedure, it also can be one of the basic theories of the criminal procedural law, and the right of action and the jurisdiction are still two basic constituents of the criminal trial system. On the condition that the revision of criminal procedural law was placed on the agenda of legislation, if we use the theory of criminal right of action to analyze some current systems in the criminal trial, it is not difficult to find that the right of action can not dominate over the course of trial, and the relation between the right of action and the jurisdiction is unbalance. Facing these problems, we can use the criminal right of action to guide the reform of the criminal trial system, and strengthen the idea of guaranteeing the right of action, then we can really put the relation between the right of action and the jurisdiction in good order.