刑事程序中的透明性與正當(dāng)性：擺脫對(duì)抗制的教條

目錄

中外術(shù)語(yǔ)比較辨析 ································································001

1.閱卷與開(kāi)示 ···························································002

2.審問(wèn)制與對(duì)抗制 ······················································003

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

4.權(quán)利與本分 ···························································007

導(dǎo)論 ···················································································008

1.程序透明性與正當(dāng)性的關(guān)系 ·······································008

2.中國(guó)的情況 ···························································015

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

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

第一編 中國(guó)現(xiàn)狀

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

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

1.2 中國(guó)刑事訴訟的重要原則 ······································043



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刑事程序中的透明性與正當(dāng)性：擺脫對(duì)抗制的教條

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

第2章 中國(guó)刑事程序的透明性 ··············································061

2.1 中國(guó)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(jié) ··········································································096

第二編 典型的對(duì)抗制體系

第3章 “純正”對(duì)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(jié) ································································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(jié) ································································149

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

6.1 美國(guó)刑事程序的基本宗旨 ······································153

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

6.3 小結(jié) ································································168



XXI

目錄

第7章 對(duì)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(jié) ································································175

第二編小結(jié) ·········································································177

第三編 結(jié)論：重新審視

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

8.1 中國(guó)法律制度的歷史背景 ······································181

8.2 中國(guó)構(gòu)建正當(dāng)性的基本模式 ····································192

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

第9章 最終結(jié)論 ·······························································201

9.1 對(duì)比中國(guó)和對(duì)抗制體系 ·········································202

9.2 未來(lái)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(dǎo)師點(diǎn)評(píng) ·································································220

附錄二 相關(guān)外國(guó)法條索引 ·····················································234

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

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

參考文獻(xiàn) ·············································································252