对我国控辩平等的检视与思考

控辩平等原则在我国法律制度和司法实践中还只是雏形,其与国际公约和司法准则对控辩平等的要求依然存在较大差距,甚至在某些方面尚未达到控辩平等之最低标准要求.在我国刑事诉讼法之再修改中,应当以控辩平等原则为基本原则,重构我国控辩关系及其相关体系,厘清控辩平等与刑事诉讼本质及其基础理论的关系,解读控辩平等的现代内涵,建立合理的刑事诉讼权力结构,扩张被指控人的辩护权,培养执法者正确的司法理念与适格的职业素养,研究决策者与社会公众在控辩平等原则构建方面的互动机制,为立法和司法实务提供参考.

Examination and Reflection on "Equality of the Prosecution and the Defense" in China

Still, the principle of "Equality of the Prosecution and the Defense" is just at its preliminary stage in Chinese law system and judiciary practice. There is very great disparity between it and requirements on "Equality of the Prosecution and the Defense" put forward by related international convetions and judicial criteria, even it does not yet reach the lowest standard of the principle of "Equality of the Prosecution and the Defense".In the course of re-amending the Criminal Precedure Law, based on the principle of "Equality of the Prosecution and the Defense", we should reconstruct the relationship between the prosecutor and the defendant as well as the related system; clarify relations between the principle of "Equality of the Prosecution and the defense" and the essence of criminal procedure as well as its foundamental theories; unscramble the contemporary connotation of "Equality of the Prosecution and the defense"; establish reasonable power structure in criminal procedure; expland the right to defence of the defendant; cultivate proper judicial concept and professional qualities of law executors; and study the interaction mechanism between the decision maker and the public in the construction of principle of "Equality of the Prosecution and the Defense" so to provide reference to the legislation and judicial practice.