“繁简分流”视野下“以审判为中心”诉讼制度的再审视

Re-Examination of the “Trial-Centered” Litigation System from the Perspective of “Dividing Complexity from Simplicity”

摘要: “以审判为中心”是刑事司法制度建设中的一场革命性变革，关乎各方职权配置、如何构建诉讼程序等重大问题，但对其的研究与实践仍处于“正在进行时”。尤其是当前繁简分流背景之下，“庭前会议”和“认罪认罚”制度改革如火如荼，成为司法改革的重点。显现出庭前会议“替代”庭审、适用率低；认罪认罚从宽过程中审判资源配置的“失衡化”、庭审程序的虚化、证明标准降低等问题，对“以审判为中心”诉讼制度带来了新的挑战。因此，以“审判为中心”为根基，秉持三者为有机统一的观念，切实发挥庭前会议辅助作用，在认罪认罚案件中恪守“以庭审为中心”，致力于发挥“庭前会议”和“认罪认罚”繁简分流的实质功能，实现对“以审判为中心”的本质促进作用。

Abstract: “Trial-centered” is a revolutionary change in the construction of the criminal justice system, which is related to major issues such as the allocation of powers of all parties and how to structure litigation procedures, but its research and practice are still “in progress”. Especially in the current con-text of dividing complexity and simplicity, the reform of the “pretrial conference” and the “confession and punishment” system is in full swing, and has become the focus of judicial reform. Showing that pretrial conferences “replace” court hearings and have a low application rate; Issues such as the “imbalance” in the allocation of trial resources, the blurring of trial procedures, and the lowering of the standard of proof in the process of leniency in admitting guilt and accepting punishment have brought new challenges to the “trial-centered” litigation system. Therefore, with “trial as the center” as the foundation, adhering to the concept of the three as the organic unity, effectively give play to the auxiliary role of pretrial conferences, abide by the “trial as the center” in plea cases, and strive to give play to the substantive functions of “pretrial conferences” and “guilty pleas and punishments” to separate complexity and simplicity, so as to realize the essential role of “trial-centered”.