日本和意大利刑事庭审中的证据调查程序评析

日本和意大利都通过立法手段将刑事诉讼的构造从传统的职权主义转向了当事人主义 ,但同时又保留了一些传统的原则和做法 ,由此在庭审的证据调查程序上形成了不同于职权主义或当事人主义的鲜明特点 ,这些特点反映了两国对“实体真实”与“正当程序”两大诉讼理念的调和。日本和意大利的改革思路以及庭审证据调查的程序设计值得我国借鉴。

A Comment on the Features of the Course of Evidence in Criminal Trials in Japan and Italy

With respect to criminal cases, the trial mode in both Japan and Italy was transformed from "inquisitorial" system into "adversarial" system, although traditional principles and practices have been sustained to some extent. As a result, several distinctive features show up in the course of evidence in the trial court. These features reflect the effort to reconcile the "substantive truth" and the "due process", core ideas of the inquisitorial system and the adversary system respectively. The Chinese reformers need to consider seriously the guidelines of reform and the design for the new course of evidence adopted by the Japanese and the Italians