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刑事诉讼法是一部诉讼法,而“诉讼”意味着当事人双方的争议应该在中立法官的主持下,依据一定的规则得以解决。具体到刑事诉讼领域它意味着犯罪嫌疑人、被告人是否构成犯罪、构成什么犯罪、判处何种刑罚,应该在中立的第三方主持下,通过控辩双方的交错答辩,在事实证据查证属实清楚的基础上予以裁判。就中国的刑事诉讼程序而言,它主要包括:立案、侦查、起诉、审判、执行5个环节,而在这5个环节中除了“审判环节”具备诉讼程序特征外,其他几个环节虽然名义上属于刑事诉讼的环节,但实质上却不具备诉讼程序的基本特征。本文就刑事审批前程序的一些问题提出对策建议。
The law of criminal procedure is a law of procedure, and “lawsuit” means that the disputes between both parties should be settled under certain rules by the presiding judge. Specific to the field of criminal proceedings it means that the suspects and defendants constitute a crime, what constitutes a crime, what kind of sentence should be sentenced under the auspices of a neutral third party, through the interlocutory defense between the prosecution and the defense, the factual evidence is verified Based on the referee. As far as the criminal procedure in China is concerned, it mainly includes five steps: filing, investigation, prosecution, trial and enforcement. In addition to the “procedural aspects” Although nominally part of criminal proceedings, but in essence does not have the basic features of the proceedings. This article puts forward countermeasures and suggestions on some issues in the pre-criminal procedure.