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在刑事诉讼程序中,控辩关系是一个重要的理论范畴,它在深层次上决定着诉讼构造的基本走向,同时又对诉讼公正的实现和诉讼效率的提高具有实质性的影响。控辩平衡是刑事程序正义理念的基本要求,应当成为我国刑事诉讼法再修改的基点。一、控辩平衡的基本理念控辩平衡本来是程序正义理念影响下的当事人主义诉讼模式的一个基本原则,其含义是指在刑事诉讼中控辩双方的地位平等,各自的诉讼权利和诉讼义务应当相对平衡,以保证辩方有充分的防御机会和足够的防御能力来对抗控方的指控。刑事诉讼中,由于控方以国家公权力为依
In the criminal procedure, the relationship between prosecution and defense is an important category of theory, which determines the basic trend of the construction of litigation at a deep level and at the same time it has a substantive impact on the realization of litigation fairness and the improvement of litigation efficiency. The balance between prosecution and defense is the basic requirement of the concept of justice in criminal procedure and should be the starting point for revising the Criminal Procedure Law in our country. First, the basic concept of the balance of prosecution and defense The balance of prosecution and defense is originally under the influence of the concept of procedural justice under the doctrine of litigation doctrine of a basic principle, the meaning refers to both the prosecution and the defense in criminal proceedings, the status of equality, the respective litigation rights and litigation obligations It should be relatively balanced to ensure that the defense has adequate defense opportunities and adequate defenses against the prosecution's allegations. In criminal proceedings, the prosecution takes the public authority as the basis