论控辩平等对抗

控辩平等对抗是人权保障的要求 ,是诉讼现代化的要求。我国现行刑事诉讼法虽然吸收了当事人主义的合理因素 ,增强了诉讼的对抗性 ,但是并未真正实现控辩平等对抗。控辩平等对抗不仅存在于审判阶段 ,而且存在于审前阶段。由于双方的角色和任务不同 ,决定了控辩双方注定存在一些固有的不平等

On Equal Adversary of both Parties to Litigations

Equal adversary of both parties is the demand of the guarantee of human rights, and the requirement of proceedings modernization. The existing criminal procedure law of China has adopted some reasonable elements of adversary to increase the character of adversary of proceedings, but the equal adversary of both parties to litigations has not been realized. Equal adversary exists not only in trial, but also in pretrial stages. Different roles and tasks of both parties have decided that some inherent inequality exists between the prosecuting parties and defendants.