题　名  当代中国的审判方式改革：比较法视角的研究  
作　者  刘小楠  
作者单位  吉林大学,法学院,长春市 130012  
专　业  法学理论  
指导教师  杨亚非  
学位级别  303  
馆藏索取号  3990432  
中文文摘  我国八十年代末开始的审判方式改革虽然已经取得了阶段性的成功,但仍存在一些弊端,并缺乏对已有改革的深入研究和进一步改革的理论指导。本文试从比较法的视角,不仅把我国的审判方式改革放到中国整体的司法制度、法律观念的变革中来考察,而且把它与世界审判方式的变迁相联系,通过回顾我国审判方式改革走过的历程,反思我国移植借鉴世界两大主要审判方式审问制和对抗制的得与失、利与弊,提出进一步改革的展望与构想。
全文共分三篇:
上篇回顾。此部分主要以时间为顺序回顾了我国自建国以来审判方式的种种变化。首先阐述了审判方式改革前我国审判老式的基本状况,分析其种种弊端,论述了对原有审判方式进行改革的必然性、必要性。之后,着重考察了我国自八十年代末以来审判方式改革的启动、过程、阶段性成果及不足。
中篇反思。单纯的历程回顾不足以总结过去、预示未来。此部分通过反思我国移植大陆法系审问制的得与失和借鉴英美法系对抗制的利与弊,为确定今后进一步改革的方向做了铺垫。为了把此问题论述得深入透彻,文中分别考察了大陆法系的审问制和英美法系的对抗制的历史源流、基本特点,并评析了我国移植借鉴的原因及其利弊得失。
下篇展望。此部分在回顾、反思的基础上展望未来,设计了今后进一步改革的目标模式,并对今后改革的具体途径进行了探索。目标模式设计方面,在回顾反思的基础上,在考察了世界审判方式改革的大趋势之后,提出今后改革的发展方向一一继续走一条适合中国国情的混合式模式。在途径探索部分,提出今后改革的任务是在进一步完美立法的基础上着重进行观念性法律文化的重塑和相关配套措施的建立。

英文文摘  The China''s trial reform which began from the end of the 1980s has achieved some phasing achievements, however, some shortcomings still exist in the system and the ongoing and further reform are still lack of theoretical instruction. From the angel of competitive law, this paper try to research the China''s trial system reform both from the transition of legal thought but from the its linkage to the world reform of trial system. Through rethinking of the process of China''s reform of trial system, the strengths and weakness, the good points and shortcomings are pointed out and the expectation and instruction of the further reform was given.
Three parts were divided in the paper. First part was the reviewing of China''s trial reform. The transition of China''s reform from the establishment of P. R. C was revived by a time order. First, the basic situation before the trial reform was introduced and the shortcomings were detailed discussed. From the ongoing analysis, the necessity of trial reform was proposed and the starting up, the process, the phasing achievement and the shortcomings of the trial reform from the end of the 1980s were mainly focused.
The second part is the rethinking of the China''s trial reform. The reviewing of the history is not necessary for the further reform. Through rethinking the trial system of inquisitional proceedings in Rome Law and the adversary proceedings in the Common Law, the premise to ascertain the China''s further trial reform was made. In this section, the history, basic characteristics, strength and shortcomings of the inquisitional proceedings in Rome Law and the adversary proceedings in the Common Law as focused and the reason that China should refer them were discussed.
The third part is the expectation. Based on the reviewing and rethinking of China''s trial reform, the destination model of further reform was designed and the specific method was also explored. In the aspect of designing the target model, the mixed model with Chinese characteristic in reforming China''s trial system should be chosen on the basis of the rethinking. In the aspect of the way to the new trial system, the mission of further reform should focus on the thought transition and the establishment of the necessary proceedings based on the legislation perfection.

关键词  对抗性,审问制,混合制,改革,自由词  
分类标识  D920  
论文注解日期  19981215  
总页数  48P