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我国传统的刑事诉讼模式存在诸多弊端,新《刑事诉讼法》的实施为刑事诉讼模式的转型带来了契机。为使被告人及其近亲属服判,并减少申诉和涉案信访,司法机关工作人员应当树立程序意识,不能重实体而轻程序。司法制度应当保证当事人在诉讼过程中能够充分行使其法定的诉讼权利。此外,制度的设计还应保证以法院为中·心的独立审判地位不被破坏,确保中立审判并维护刑事审判的等腰三角形架构。唯此才能实现我国刑事诉讼文化的现代转型。
The traditional criminal procedure model in China has many drawbacks. The implementation of the new Criminal Procedure Law brings opportunities for the transformation of the criminal procedure model. In order to convict the accused and his close relatives and reduce petitions and letters and visits, the staff of the judiciary should establish procedural awareness and should not lay stress on substantive and procedural matters. The judicial system should ensure that parties can fully exercise their statutory procedural rights during the proceedings. In addition, the system should be designed so as to ensure that the court-centered independent trial will not be undermined and that an isosceles triangle structure will be established to ensure neutrality and uphold criminal trial. Only in this way can we realize the modern transformation of our country’s criminal procedure culture.