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刑事诉讼中存在国家与社会利益,犯罪嫌疑人、被告人利益,被害人利益等多元利益关系,虽然这些利益在根本上具有一致性,但是在刑事诉讼过程中更多地呈现出多元利益的碰撞与冲突。走向平衡是当代司法的发展趋势,在刑事诉讼中表现为对多元利益的平衡保护。本文旨在论述通过刑事诉讼立法对制度和程序的设计,以及司法实践中对各方利益的平衡和协调,实现刑事诉讼中多元利益的平衡保护。
Although the interests of state and society, the suspects, the interests of defendants and the interests of victims have multiple relations of interest, the interests of victims are basically identical. However, in the course of criminal procedure, there are more conflicts between multiple interests conflict. To strike a balance is the development trend of the contemporary judiciary, which appears as a balanced protection of multiple interests in criminal proceedings. The purpose of this article is to discuss how to balance the interests of all parties in judicial practice through the design of systems and procedures through criminal procedure legislation and to achieve the balanced protection of multiple interests in criminal proceedings.