刑事诉讼中权力与权利的冲突与平衡

权力与权利的矛盾是公法领域中最基本的矛盾。权力与权利的对立性为两者的平衡提供了必要性,而权力与权利的统一性又为两者的平衡提供了可能性。在刑事诉讼中,作为国家专门机关的公检法所拥有的权力与作为当事人的犯罪嫌疑人、被告人所享有的权利经常处于失衡的状态。因此,作为“人权保障宪章”的刑事诉讼法,理应对权力与权利进行平衡,以适应加强对犯罪嫌疑人、被告人权利保护的需要。

The Conflict and Balance Between Power and Right in Criminal Suit

The contradiction between power and right is the most basic one in the field of public law.The oppositeness of power and right provides the necessity of the balance between them,while the unity of the two provides the probablility of their balance.In criminal suits,the power that law-enforcing departments have as our country's specialized organs and the right that suspects and defendants have as parties are always in imbalance.Therefore,the law for criminal suit,being "the constitutional guarantee of human rights",ought to balance power with right so as to meet the needs of improving the protection of the right of suspects and defendants.