刑事程序中的透明性与正当性：摆脱对抗制的教条

目录

中外术语比较辨析 ································································001

1.阅卷与开示 ···························································002

2.审问制与对抗制 ······················································003

3.审判与检察 ···························································004

4.权利与本分 ···························································007

导论 ···················································································008

1.程序透明性与正当性的关系 ·······································008

2.中国的情况 ···························································015

3.研究课题 ······························································018

4.方法论 ·································································029

第一编 中国现状

第1章 中国现行刑事司法制度的基本理念 ·······························041

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

1.2 中国刑事诉讼的重要原则 ······································043



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刑事程序中的透明性与正当性：摆脱对抗制的教条

1.3 刑事诉讼的主要参与方 ·········································049

第2章 中国刑事程序的透明性 ··············································061

2.1 中国普通刑事案件的程序 ······································065

2.2 普通刑事案件的内部透明性 ····································078

第一编小结 ··········································································096

第二编 典型的对抗制体系

第3章 “纯正”对抗制的基本宗旨 ········································103

3.1 通例：普通法传统 ···············································103

3.2 理念层面···························································104

3.3 制度层面···························································107

第4章 英格兰刑事程序的基本宗旨和内部透明性 ·······················112

4.1 英格兰刑事程序的基本宗旨 ·····································113

4.2 英格兰刑事程序的内部透明性 ·································129

4.3 小结 ································································134

第5章 苏格兰刑事程序的基本宗旨和内部透明性 ······················139

5.1 苏格兰刑事程序的基本宗旨 ····································140

5.2 苏格兰刑事程序的内部透明性 ·································145

5.3 小结 ································································149

第6章 美国刑事程序的基本宗旨和内部透明性 ·························152

6.1 美国刑事程序的基本宗旨 ······································153

6.2 美国刑事程序的内部透明性 ····································160

6.3 小结 ································································168



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目录

第7章 对抗制系统之间的比较 ·············································171

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

7.2 内部透明性 ························································174

7.3 小结 ································································175

第二编小结 ·········································································177

第三编 结论：重新审视

第8章 中国经典模式中的正当性和公正司法 ···························181

8.1 中国法律制度的历史背景 ······································181

8.2 中国构建正当性的基本模式 ····································192

8.3 中国传统模式的前景 ············································198

第9章 最终结论 ·······························································201

9.1 对比中国和对抗制体系 ·········································202

9.2 未来可行的解决方案 ············································206

9.3 建议方案的可行性和缺陷 ······································213

附录一 导师点评 ·································································220

附录二 相关外国法条索引 ·····················································234

附录三 司法数据统计 ···························································240

后记 ················································································244

参考文献 ·············································································252