理想与现实:控辩平等的宏观考察

作为现代刑事诉讼法的公理性原则之一,控辩平等原则要求在代表国家追诉的检察院和作为个人应诉的被告人之间实现权利对等、地位平等,它包括平等武装和平等保护两层涵义.控辩失衡是我国刑事诉讼中的控辩关系的基本现状,对此,应当通过刑事诉讼制度和程序的重构来加以扭正.

Ideal and Reality:the Thinking on the Equality of Procurator and Defence

The equality of procurator and defence is one of the principles in criminal procedure law.It means the procurator and the defendant should be equal in criminal procedure.It includes two meanings: equality of arms and equality of treatment.But due to the imperfection of the present criminal litigation system and the negative influence of the tradition idea,the positon of the procurator and the defendant is not equal in Chinese criminal procedure.In order to improve the countermeansures,two ways are suggested:one is to perfect the litigation system,another is to change the legal idea.