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刑事诉讼权力运行天生具有失控性、扩张性及腐蚀性。如果任其被滥用,公民的人身自由及财产权利不仅可以被非法限制,就连人的生命也可能被非法剥夺,因此必须加强对刑事诉讼权力的制约和监督。我国刑事诉讼权力的硬性制度约束过于宽松,结果导致公民权利受侵害严重的现状,有必要对人性进行冷峻再思考,塑造控辩平等、法官中立的刑事诉讼结构,通过制度限制权力,合理配置权力,以权力制约权力,加强对公民权利保障,用权利约束权力。
The operation of criminal procedure power is inherently uncontrollable, expansive and corrosive. If left unchecked, the personal freedom and property rights of citizens may not only be illegally restricted, but also their lives may be illegally deprived. Therefore, the restriction and supervision over the power of criminal procedure must be strengthened. The restrictive rigid system of criminal procedural power in our country is too loose. As a result, civil rights are infringed severely. Therefore, it is necessary to re-think the human nature coldly, to create the criminal prosecution structure of equality of prosecution and defense and the judge’s neutrality, to limit the power through the system and to allocate the power rationally , With power to restrict power, strengthen the protection of civil rights, with the right to bind power.