关于我国刑事诉讼法修改基本方向的思考

我国刑事诉讼具有构造特征不够彰显、职权主义色彩浓厚的特点,因此,修改刑事诉讼法应当优先确立控审分离、控辩平等和审判中立三个目标。本文就控审分离、控辩平等、审判中立原则的基本内涵、我国刑事诉讼程序违反它们的表现及其原因等逐一进行了剖析,并针对诉讼机制存在的缺陷,提出了修改刑事诉讼法所应采取的一些具体措施。

Consideration On the Basic Revising Direction of PRC Criminal Procedure Code

Three aims should be established in priority when revising PRC Criminal Procedure Code in the current situation in which structural features of criminal litigations are not obvious and ex officio doctrine prevails.These aims are separation of prosecution and trial, equality between prosecution and defense, and neutrality of judicial proceedings. It also analyses the basic meanings of the forth-mentioned three doctrines, i.e., separation of prosecution and trial, equality between prosecution and defense, and neutrality of judicial proceedings, as well as the reasons why criminal procedures violate these doctrines and the specific practice of violations.For the existing defects of the criminal litigation system of China, this article presents some material measures that should be taken when revising PRC Criminal Procedure Code.