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以1979年《刑事诉讼法》为基础建构的刑事诉讼模式,具有典型的职权主义诉讼模式特征:在刑事诉讼中,侦查、控诉机关的权力强大,侦查手段广泛、多样,使用灵活,限制极少;被告人在侦、控阶段诉讼权利受到局限,不允许延请律师帮助,没有保持沉默权;审判阶段,法院依职权主动调查案件事实,以积极姿态出现,始终占居主导地位;人民法院与人民检察院关系过份紧密,使控审关系界限不清,抑制了辩护权能作用的发挥,等等。八届人大四次会议通过的《关于修改<中华人民共和国刑事诉讼法>的决定》,使我国刑事诉讼模
The model of criminal procedure based on the 1979 Criminal Procedure Law has typical features of the mode of litigation: in criminal proceedings, the power of investigating and prosecuting authorities is powerful, the means of investigation are wide and diverse, the use is flexible, and there are few restrictions In the trial stage, the court voluntarily investigated the facts of the case on its own initiative and appeared in a positive attitude and always held the dominant position. People’s courts and people Procuratorate relations are too close, so that the boundary between the prosecution and trial is unclear, inhibiting the role of defense powers, and so on. The Decision on Amending the Criminal Procedural Law of the People’s Republic of China adopted by the Fourth Session of the Eighth National People’s Congress has enabled our criminal lawsuit model