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“以审判为中心”的诉讼制度改革,是党的十八届四中全会针对我国长期以来“以侦查为中心”的诉讼现状提出的具有时代意义的改革方案。“以审判为中心”要求侦查和审查起诉活动服务于审判活动进行,围绕审判的要求和标准展开,保障审判的重心和中心地位。我国“以审判为中心”诉讼体制改革,受公、检、法三机关分工负责,检察院特有审判监督权及政治性制约影响,改革过程受到一定约束。本文通过从明确侦查、起诉机关职责;加强证据规则运用;促进庭审实质化转变三个方面入手,提出一些完善建议,逐步推进诉讼体制向“以审判为中心”转化,实现其重心地位。
The reform of the litigation system centered on trial is the time-reforming program proposed by the Fourth Plenary Session of the 18th CPC Central Committee for our country’s “litigation-centered investigation” for a long time. “Center on trial ” Require investigation and censorship of prosecution services for trial activities, around the trial requirements and standards, to protect the center of gravity and the center of the trial. In our country, “trial-centered” litigation system reform is subject to the division of labor among the public authorities, prosecutors and the judiciary organs, the power of the procuratorate’s special jurisdiction over supervision and supervision, and the reform process is subject to certain restrictions. This article starts with clarifying the responsibility of investigating and prosecuting organs, strengthening the application of evidence rules and promoting the substantive transformation of the trial, and puts forward some perfect suggestions to gradually promote the transformation of the system of litigation into “centering on trial” to realize its center of gravity.