程序正义视野中的控诉与辩护——我国刑事诉讼中的控辩关系问题研究

我国目前刑事诉讼中的控辩关系严重失衡,因为它是建立在控辩双方诉讼地位不平等基础上的。实践证明,这种关系背离了控辩平等的诉讼原则,既不利于查明案件事实,也不利于保障犯罪嫌疑人和被告人的合法权益,因此应当在坚持控辩平等原则的基础上,建构一种能够实现充分对抗的控辩平衡机制,并在诉讼观念和诉讼制度上为这种平衡机制的建构提供保障。

On the Relationship between Prosecution and Defence in the angle of procedural justice--A Research on the Relationship between Prosecution and Defence in China Crimial Procudure

In China's criminal procudure, because the status of the prosecution and defence is seriously unequal, the reation ship between them is out of balance. It is proved that such relationship not only deviates the principle of the equality, but also is unfavourable to explore the fact of the case, and to protect the right of the suspected and the accused. So we shuld reconstruct a system to balance the relationship between the prosecution and defence, and this system should be set up on the basis of the principle of the equality.