審判中心、庭審實質化與刑事司法改革－－基於庭審實錄和裁判文書的實證研究

Trial-centeredness, Substantiation of Court Hearing and the Reform of Criminal Justice System: An Empirical Research on Court Records and Judgment Documents in China

審判中心主義要求裁判者親歷審理和證據審查過程，依據當庭提供並經過控辯質證的證據作出裁判，偵查等審前程序需要為此作出調整，從而使刑事司法圍繞審判展開，並使偵查、控訴、辯護、審判四方關係發生變化。實證分析顯示，我國刑事訴訟仍帶有顯著的案卷筆錄中心主義色彩，這背後又是偵查中心主義的刑事訴訟構造。應以新刑事訴訟法實施和司法改革為契機，圍繞對質權保障推動庭審實質化，從證明力切入逐漸限制證據能力，完善分工配合制約原則，漸次展開審判中心主義之改革，以實現刑事司法中看得見的正義。

The criminal trial is both the core of modern criminal justice and the focus of the judicial reform. Under the trial-centeredness, judges preside over the hearing process and the evidence examination. They should give judgment according to the evidence given in court and cross-examined by the two sides. To this end, some pretrial procedures like criminal investigation need to be adjusted, in order to carry out the process of criminal justice revolving around the criminal trial, together with the variation of the foursquare-investigation, prosecution, defense and judgment. Based on the empirical analysis, criminal procedure in China still has a strong character of file transcript centralism, behind which lays the criminal litigation structure of in-vestigation-centeredness. China should use the new Criminal Procedure Law and the judicial reform to realize the substantiation of court hearing centered protection of pledge, gradual restriction of evidence credibility through the probative force. In the meantime, the principle of individual responsibility and mutual coordination and supervision should be perfected and the reform of trial-centeredness should also be fulfilled progressively. Finally comes the 'visible justice' in criminal justice.