控辩平等之现代内涵解读

社会形态的不断变化必然引至社会规范的发展演进,而在无数种社会规范演进中,法律文化往往有着最后共同的归宿,即用法律制度凝聚和表达法律的进步与文明。控辩平等之立论,源于"平等武装(equalityofarms)"理论。长期以来,国内外学术界也都是从平等武装与平等对抗的层面认识和剖析控辩平等的内涵。然而,在现代刑事诉讼中,控辩平等的内涵已经有了新的丰富的发展。

Analysis and Understanding of Modern Connotation of Equality between Prosecution and Defense

Continuous change of social forms shall of necessity lead to the development and evolution of social norms, and in the evolution of countless kinds of social norms, legal culture tends to have a final and common end-result, i.e. to embody and express the progress and civilization of law by legal system. The argument of equality between prosecution and defense derives from the theory of "equality of arms". For a long period of time, the academic circle both at home and abroad understands and analyzes the connotation of equality between prosecution and defense from the aspects of equality of arms and equality of confrontation. However, in modern criminal proceedings the connotation of equality between prosecution and defense has achieved new and abundant development.