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一、引言对抗式和纠问式是两大法系的法学家们描述英美和欧陆司法制度的结构性差异时经常诉诸的一组传统概念。在我国,这两个舶来的学理范畴也早已是老生常谈。就刑事司法领域而言,人们通常认为英美制度是对抗制,而西欧大陆诸国则属于传统的纠问制国家。这种分类背后潜存着某种理论想象,即对抗制和纠问制是两种截然不同、并且相互之间完全不相关联甚至有些对立的制度类型。然而,事实上,实际的情况比我们想象的要复杂得多。从历史和现实两个维度进行细致观察,可以发现任何一个
I. INTRODUCTION The adversarial and interrogative formulas are a set of traditional concepts often cited by jurists of the two legal systems who describe the structural differences between the Anglo-American and European juridical systems. In our country, the two areas of theoretical discipline have long been clichés. In the field of criminal justice, people usually think that the Anglo-American system is adversarial, while the Western European countries belong to the traditional system of question-seeking. There is some kind of theoretical imagination hidden behind this classification, that is, adversarial system and the system of interrogation are two completely different types of institutions that are completely unrelated to each other and even somewhat opposites. However, in fact, the actual situation is much more complicated than we have imagined. From the two dimensions of history and reality to observe carefully, you can find any one