刑事程序中的透明性與正當性：擺脫對抗制的教條

目錄

中外術語比較辨析 ································································001

1.閱卷與開示 ···························································002

2.審問制與對抗制 ······················································003

3.審判與檢察 ···························································004

4.權利與本分 ···························································007

導論 ···················································································008

1.程序透明性與正當性的關系 ·······································008

2.中國的情況 ···························································015

3.研究課題 ······························································018

4.方法論 ·································································029

第一編 中國現(xiàn)狀

第1章 中國現(xiàn)行刑事司法制度的基本理念 ·······························041

1.1 概述 ································································041

1.2 中國刑事訴訟的重要原則 ······································043



XX

刑事程序中的透明性與正當性：擺脫對抗制的教條

1.3 刑事訴訟的主要參與方 ·········································049

第2章 中國刑事程序的透明性 ··············································061

2.1 中國普通刑事案件的程序 ······································065

2.2 普通刑事案件的內(nèi)部透明性 ····································078

第一編小結 ··········································································096

第二編 典型的對抗制體系

第3章 “純正”對抗制的基本宗旨 ········································103

3.1 通例：普通法傳統(tǒng) ···············································103

3.2 理念層面···························································104

3.3 制度層面···························································107

第4章 英格蘭刑事程序的基本宗旨和內(nèi)部透明性 ·······················112

4.1 英格蘭刑事程序的基本宗旨 ·····································113

4.2 英格蘭刑事程序的內(nèi)部透明性 ·································129

4.3 小結 ································································134

第5章 蘇格蘭刑事程序的基本宗旨和內(nèi)部透明性 ······················139

5.1 蘇格蘭刑事程序的基本宗旨 ····································140

5.2 蘇格蘭刑事程序的內(nèi)部透明性 ·································145

5.3 小結 ································································149

第6章 美國刑事程序的基本宗旨和內(nèi)部透明性 ·························152

6.1 美國刑事程序的基本宗旨 ······································153

6.2 美國刑事程序的內(nèi)部透明性 ····································160

6.3 小結 ································································168



XXI

目錄

第7章 對抗制系統(tǒng)之間的比較 ·············································171

7.1 基本宗旨···························································172

7.2 內(nèi)部透明性 ························································174

7.3 小結 ································································175

第二編小結 ·········································································177

第三編 結論：重新審視

第8章 中國經(jīng)典模式中的正當性和公正司法 ···························181

8.1 中國法律制度的歷史背景 ······································181

8.2 中國構建正當性的基本模式 ····································192

8.3 中國傳統(tǒng)模式的前景 ············································198

第9章 最終結論 ·······························································201

9.1 對比中國和對抗制體系 ·········································202

9.2 未來可行的解決方案 ············································206

9.3 建議方案的可行性和缺陷 ······································213

附錄一 導師點評 ·································································220

附錄二 相關外國法條索引 ·····················································234

附錄三 司法數(shù)據(jù)統(tǒng)計 ···························································240

后記 ················································································244

參考文獻 ·············································································252