刑事诉讼构造的概念及其基本理论类型

刑事诉讼构造与刑事诉讼模式是两个不同的概念,我国学者对其没有区分,对二者的研究较为混乱,因此,有必要对这些概念进行梳理。从不同的角度,可以将刑事诉讼构造理论划分为刑事诉讼横向、纵向构造理论,＂流水作业式＂的诉讼构造、＂以裁判为中心＂的诉讼构造的理论,刑事诉讼两重构造理论。

The concept of Criminal Litigation Structure and Its Theoretical Mode

As two different concepts, criminal litigation structure and criminal litigation mode have brought about chaos to related researches, for Chinese scholars have never bothered to make any differentiation ever since the 1980s when they introduced them to the academic world. It is, therefore, necessary to scientifically re-categorize criminal litigation structure and criminal litigation mode. By different criteria, criminal litigation structure can be further divided into three groups-horizontal criminal litigation structure and vertical criminal litigation structure, streamlined criminal litigation structure and judgment-centred criminal litigation structure, triangle criminal litiga- tion structure and linear criminal litigation structure.