论文部分内容阅读
被告人受审能力理论的产生伴随着被告人主体地位的提升和被告人权益保护的加强。被告人受审能力制度有利于保障正当程序、促成实体公正、确保庭审秩序。我国当前并无关于被告人受审能力的明确规定,导致司法实践中呈现重刑事责任能力鉴定、轻受审能力鉴定的现状,使鉴定人陷入两难境地,亦不利于人权保障。我国宜在二分法的基础上,合理构建被告人受审能力的认定程序,明确认定后的处置方式。
The theory of trial ability of defendants accompanied with the improvement of the subject status of defendants and the protection of defendants’ rights and interests. The system of the accused’s ability to interrogate is conducive to safeguarding due process, promoting substantive fairness and ensuring the court order. At present, there is no clear regulation on the trial ability of the accused in our country, which leads to the present situation of judicial ability to appraise the ability of criminal liability and the ability of trial of minor trial, which makes the appraiser get into a dilemma and not conducive to the guarantee of human rights. On the basis of dichotomy, our country should reasonably construct the procedure for the determination of the accused’s ability to be tried and make it clear how to handle the accused.