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审判引导侦查在审判阶段则可分为过程性引导和结果性引导。从审判引导侦查运行的系统论、控制论角度看,其在实践层面存在着启动过于保守、实施过于无力、落实过于节制、效果过于虚无等结构性问题。立法折中与实践变通、部门壁垒与权威缺失、配套不足与失于担当、控辩失衡与考核脱节是上述结构性问题的原因。需从以下几个方面加以调整:一是明确审判引导侦查启动原则,二是树立审判引导侦查实施权威,三是消除审判引导侦查落实顾虑,四是促进审判引导侦查效果提升。
Trial to guide the investigation in the trial stage can be divided into procedural guidance and result guidance. From the angle of system theory and cybernetics that the trial leads the investigation and operation, there are structural problems such as too conservative in starting, too weak in implementation, overconsumption in control, and nothing in effect at the practical level. Legislation compromise and practical work, departmental barriers and lack of authority, inadequate support and lack of play, control imbalance and assessment of the reasons for the above structural problems. It is necessary to make adjustments in the following aspects: First, to clarify the principle that trials lead the investigation and launch; second, establish the trial to guide the investigation and implementation of authority; third, eliminate the trial and guide the investigation and implementation of concerns; and fourth, promote the trial to guide the investigation to enhance its effectiveness.