侦查阶段控辩平等之思考

控辩平等是刑诉法治的基本理论与基本理念,相比审判阶段由控辩双方提出证据平等对抗以体现控辩平等而言,对证据的取得和掌握的重要阶段,侦查阶段的控辩平等尤为重要。但我国目前由于侦查权力过大,犯罪嫌疑人权利受限制较多,在控辩关系上体现出＂一边倒＂的特点。因此应当对侦查机关的权力进行合理规制,赋予犯罪嫌疑人更多的诉讼权利,从而缩小二者之间的差距,以达到侦查阶段实现控辩平等的要求。

Reflections on the Balance between the Prosecution and Defense in Investigation Stage

Balance between the prosecution and defense is the basic theory and idea for legalization of criminal litigation.Comparing with the trial procedure in which both the parties of prosecution and defense have rights to induce evidences and confront to each other equally,balance between both parties in investigation procedure which is a key stage for obtaining and grasping evidences seems to be more significant.However,at present due to unfairly larger power of investigation authority,and overly limited rights ...