证据移送制度对我国刑事审判方式改革的影响

修订后的刑事诉讼法及相关司法解释废除了全案移送制度,同时规定在起诉及庭审后向人民法院移送证据材料的制度,这就为法官与证据在法庭以外建立直接联系提供了法律依据,从而导致法庭审理效率不高,甚至流于形式,使我国刑事审判方式改革无法实现。取消证据移送制度,切断法官在法庭以外与证据建立直接联系,方能最终实现我国刑事审判方式改革所确定的目标模式。

Influence of Evidence Transfer System on Our Country's Criminal Trial Reform

According to the revision of Criminal Procedure Law and the correlation judicial interpreta- tion, the entire document transfer system has been abolished. Simultaneously the system of transferring the evidence material after the prosecution and the heating to the people's court has been stipulated, which provided the legal basis for establishing the direct relation for judge and the evidence outside the court. Thus it caused the low efficiency of court, even made it a mere formality and made our country' s criminal trial reform be unable to realize. This article holds that, we must cancel the evidence transfer system and shut off the direct relation for judge and the evidence outside the court so as to finally real- ize the target pattern which our country's criminal trial reform set.