论文部分内容阅读
我国宪法第135条确立了人民法院、人民检察院和公安机关在办理刑事案件过程中分工负责、互相配合、互相制约的司法关系,主要法定目的在于保障被追诉人的人权,防止无罪的人被追究,但在司法实践中被层层消解,被追诉人人权屡遭侵害。通过分析司法关系侵害被追诉人人权的现实机制,主要有非均衡的运作、非诉讼化的裁判和法律的规避,以及透视刑事司法过程中侦查机关、公诉机关和审判机关的行为逻辑,最终三者形成利益共同体,致使制约机制形同虚设,甚至成为交易的砝码,从而得出实践中司法关系对被追诉人人权保障结构性失灵之命题。
Article 135 of our Constitution establishes the judicial relations that the people’s courts, the people’s procuratorates and the public security organs are responsible for and coordinate with each other in the process of handling criminal cases. The main statutory purpose is to guarantee the human rights of the individuals to be prosecuted and prevent innocent people from being However, they were eliminated at various levels in judicial practice and the human rights of the people being prosecuted were repeatedly infringed upon. Through analyzing the actual mechanism of judicial relations infringing the human rights of the accused, there are mainly non-balanced operations, non-litigation judgment and legal avoidance, as well as the behavioral logic of investigating organs, public prosecutorial organs and judicial organs in the process of criminal justice. The final three The formation of a community of interests, resulting in the control mechanism in name only, and even become the weight of the transaction, and thus draw the judicial relations in practice on the prosecutor’s human rights protection structural failure of the proposition.