关键词: 审判中心主义, 事实查明结构, 刑事诉讼结构, 刑事诉讼模式, 被告人中心主义

Abstract: With regard to fact-finding, dossier transfer system, pretrial procedure and trial-centralism are functionally related. Since the three aspects are overlapping in functions and successive in terms of procedure, “substantial dossier reading + necessary pretrial meeting + superficial trial” becomes the structure of fact-finding, leading to the dissolution of the trial-centralism. The vertical linear structure or administrative structure of criminal procedure characterized by judicial integration has no functional requirements for the procedural justification of fact-finding, thus becoming the fundamental reason to dissolve trial-centralism. Therefore, China’s criminal procedure calls for two transformations in the span of three stages: shifting from administrative structure to judicial structure and from inquisitorial system to adversary system. Only by doing this can we realize trial-centralism or defendant-centralism in the real sense and solve a series of problems from technology to concept that have long plagued China’s criminal procedure.

Key words:  trial-centralism, fact finding structure, criminal procedure structure, criminal procedure model, defendant-centralism