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刑事审判中心主义是人民民主与司法权力制衡的必然要求,是审判权依法独立行使的集中体现,也是刑事诉讼构造改革的内在要求。目前,我国的刑事诉讼中刑事侦查在整个诉讼活动中占据中心位置,诉讼流程也以案卷笔录为中心,未严格贯彻无罪推定精神,刑事审判还未处于中心地位,与中央司法改革的目标尚有不小的差距。为探索在我国构建刑事审判中心主义的路径,需要建立预审法官制度,推行司法令状主义;完善庭前会议程序;规范证人、鉴定人出庭制度;严格贯彻证据裁判原则;改善非法证据排除规则;严格落实审判一致原则。
Criminal trial-centrism is an inevitable requirement for the balance between people’s democracy and judicial power, a concentrated expression of the independent exercise of jurisdiction in accordance with the law, and an inherent requirement of the structural reform of criminal procedure. At present, the criminal investigation in criminal procedure in our country occupies the central position in the entire litigation activity. The process of litigation also takes the record of the case file as the center. It has not strictly carried out the spirit of presumption of innocence. The criminal trial has not yet taken the central position. There is not a small gap. In order to explore the path of constructing criminal trial-centrism in our country, it is necessary to establish a pre-trial judge system and promote the judicial writ; to perfect the procedure of pre-court meetings; to regulate the system of witnesses and appraisers to court; to strictly enforce the principle of evidence adjudication; to improve the rule of excluding illegal evidence; Judgment principle.