審判中心主義的實質內涵與實現途徑

Trial Center Doctrine: its Meaning and Realization Approach

“以審判為中心”已經成為司法改革中的熱詞，審判中心主義的含義要比當前司法機關詮釋“以審判為中心”內涵更為豐富。本文試圖解釋審判中心論與訴訟階段論的對應關係，揭示“以審判為中心”內涵限縮為以庭審為中心、增強庭審實質化背後的原因，以及偵查重心形成的深層結構原因，就以庭審為重心涉及的庭審實質化的各種因素進行分析，指出要使審判變成真的審判，需要起訴狀一本主義等一系列配套改革措施，不進行這些改革，以審判為中心難以持久和固化。

Take the trial as the center' has been hotly discussed in the judicial reform. Trial center doctrine has more abundant connotation than what judicial organs explain. Theory of trial center is opposite concept of theory of litigation stage. This paper try to reveal the reason why the supreme court vigorously advocate taking the trial as the center and making trial substantively, also reveal the deep structure of taking investigation as the center of gravity. This paper analyses various factors of making trial substantively and points out that a series of supporting measures including principle of one copy of indictment should been taken to make every trial become real trial. It is impossible to take the trial as the center without these supporting measures.