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《中华人民共和国刑事诉讼法》(以下简称《刑事诉讼法》)的再修改已经正式启动,刑诉学界和立法部门的共识是此次修改应该大量移植当事人主义的合理因素,以强化庭审过程中的控辩对抗和法官的居中裁断。这种占主流地位的立法思想也是与1996年修改《刑事诉讼法》时基本一致,同时,《刑事诉讼法》对庭审过程中的立法规定也基本上借鉴了对抗制诉讼中的合理因素。但是这10年来的刑事司法实践表明,当事人主义庭审结构并没有得到很好贯
The revision of the “Criminal Procedure Law of the People’s Republic of China” (hereinafter referred to as the “Criminal Procedure Law”) has been officially launched. The consensus reached between the criminal prosecution community and the legislature is that this revision should rationally transplant the doctrine of party interests so as to strengthen the process of hearing The confrontation between the prosecution and the judge and the judge of the center. This dominant legislative thinking is basically the same as when the Criminal Procedure Law was amended in 1996. At the same time, the legislative provisions of the Criminal Procedure Law for the trial basically draw lessons from the reasonable factors in the adversarial lawsuit. However, the past 10 years of criminal justice practice shows that the structure of the trial of individualism has not been very conscientious