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刑事诉讼结构指刑事诉讼中控诉、辩护和裁判三方的法律地位以及相互之间的法律关系。目前我国侦查阶段具有鲜明的行政追诉色彩,缺少辩方的平等参与,更没有中立的裁判者,不符合刑事诉讼的“诉讼化”构造。新律师法对侦查阶段律师辩护权的规定已经流露出了控辩平等对抗的气息,但规定存在疏漏,侦查阶段的“诉讼化”仍需继续重构。
Criminal litigation structure refers to the legal status of the three parties involved in the litigation, defense and referee in criminal proceedings as well as the legal relationship between them. At present, the investigation stage of our country has a distinct color of administrative prosecution, lack of equal participation of the defense, more neutral referees and inconsistent with the structure of “litigation” of criminal litigation. The provisions of the new lawyers’ law on the defense of lawyers in the investigation stage have shown the breath of equal contend and defense between the prosecution and the defense. However, there are some omissions and the “litigation” of the investigation stage still needs to be restructured.