论文部分内容阅读
注重制约是刑事诉讼中权力分工与防止权力滥用的必然要求,也是保障被追诉者主体地位和基本人权的需要。在我国刑事司法中,权力之间配合有余而制约不足,且几乎不受当事人权利的制约,导致刑事诉讼呈现出明显的“追诉推进性”倾向,不利于防错、纠错以及保护无辜,不适应保障人权和刑事诉讼法治现代化的需要,应当向制衡型转变,即在制约措施设置上实行事先预防与事后纠正相结合;制约权力滥用与强化对不履行职责的监督制约并重;进一步明确公检法权力分工,并合理设置权力之间的制约,注重权力制约程序化,实现制约规范化;以及适当强化被追诉方主体地位和诉讼权利保障,以形成以权利制约权力的实质化、有效化机制。
Paying attention to the restriction is the inevitable requirement of the division of powers in criminal proceedings and the prevention of abuse of power. It is also the need of guaranteeing the subject status of the person to be prosecuted and the basic human rights. In China’s criminal justice system, there is more than enough restrictions on the power between the two parties, and they are not restricted by the parties’ rights. As a result, the criminal lawsuit shows obvious tendency of “promoting prosecution”, which is not conducive to error prevention, error correction and protection of innocent people , Not suited to the protection of human rights and the modernization of the criminal procedure law should be to the balance of checks and balances, that is, in the setting of restrictive measures to implement the combination of prevention in advance and post-correction; abuse of power and strengthen the non-compliance with supervision and control of both responsibilities; further clarification of the law The division of powers, and the reasonable setting of power constraints, focusing on procedural restrictions on power, to achieve the standardization of control; and appropriate reinforcement of the subject position of the prosecutors and the protection of litigation rights to form a substantive and effective mechanism for controlling power by rights.