论文部分内容阅读
辩护权主体和辩护权行使主体是两个不同的概念。传统的主体观均以单一主体为认识原点,以主体对客体的单向逻辑关系来认识,必然造成主体关系认识上的缺位,以及主体间相互关系的盲区。根据主体间性理论,被追诉人和辩护人是利益共同体的主体关系,辩护权主体是二元的结构,被追诉人的主体地位是第一位的主导性的,辩护人是共同体中的次主体是第二位的。同时,被追诉人和辩护人既有一致的利益,也存在着利益上的矛盾,但是,通过充分发挥辩护职能,矛盾可以予以协调。
The subject of defense and the subject of defense are two different concepts. The traditional view of the subject takes the single subject as the origin of cognition and the one-way logical relation of the subject to the object, which inevitably leads to the absence of knowledge of the subject and the blind spot of the interrelationship between the subjects. According to the inter-subjectivity theory, the accused and the defender are the principal relations of the interest community. The main body of the defense right is the dual structure. The subordinate subject of the prosecutor is the first one and the defender is the subordinate of the community. Two people. At the same time, both the accused and the defenders have the same interests and conflicting interests. However, conflicts can be reconciled by giving full play to their defense functions.