“搭建”与“调控”之间——法官在刑事庭审中程序功能的研究

法官在刑事庭审中承担“搭建庭审框架”和“调控庭审活动”两个部分的程序功能。这两部分的程序功能之间具有密切的联系,也存在明显的区别。从世界各国刑事庭审程序来看,法官现实的程序功能不尽相同。我国法官在刑事庭审中也承担了“搭建庭审框架”和“调控庭审活动”两部分的程序功能,并尽力在这两个部分的程序功能之间保持适当的平衡。

On the Procedural Function of Judge in Criminal Court

In the criminal court, the judge takes two parts of procedural function; one is to form the skeleton of the criminal court, the other is to regulate the activities in the court. There is close relation and great distinction between the two parts. The actual procedural function in countries on the world isn't uniform. In China, the judge also takes tow parts of procedural function and tries to maintain equilibrium between the two parts. However, there is some defects in the procedural function of judge in China. We must perfect it as quickly as possible.