“以审判为中心”对公诉工作的影响及应对

摘要

Trial-centered philosophy once again received great attention from the judicial theory and practice, which complies with the present requirement that work quality be enhanced and the number of cases where the parties concerned are wrongly treated be reduced. The core of trial-centered judicial reform is court trial-centered, which realizes the essence of court trial. The fact that traditional litigation is deeply rooted, the concept of presuming innocence is not firmly accepted, and court trial is not seriously treated will block implementing the philosophy of trial -centered. The prosecutors as one of the important participants should enhance comprehensively their prosecution ability and cope with the changes and impacts from the judicial reform.%“以审判为中心”的理念再次被司法理论和实践所重视，符合现阶段提高办案质量、减少冤错案的现实要求。“以审判为中心”司法改革的核心是“以庭审为中心”，即实现庭审实质化。传统诉讼理念的根深蒂固、无罪推定理念不够坚定、庭审形式化仍较为严重等问题成为“以审判为中心”理念推行的主要阻碍。公诉人作为刑事诉讼程序的重要参与者之一，要全方位提升公诉能力，更好地应对司法改革可能带来的变化和影响。