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现代对抗制刑事诉讼模式在追求程序正义过程中,提出了一种新的理念——控辩平等,它要求刑事诉讼程序设计时应当考量两个方面的内容,即程序对等和力量均衡。在这一前提下,检察权的发展也伴随着辩护权的发展,二者在司法制度向前发展、不断完善的过程中,形成了具有浓厚中国特色的控辩制度。本文在深入阐述了控辩权发展内涵的基础上,试图通过分析我国控辩权的发展历程,探索在我国现有的体制中控辩权的发展规律及趋势。
In the course of the pursuit of procedural justice, the modern adversarial system criminal prosecution put forward a new idea - equality between prosecution and defense. It requires that two aspects should be considered when designing criminal procedure, that is, procedural equivalence and balance of power. Under this premise, the development of prosecutorial power is also accompanied by the development of the right of defense. Both of them have formed a system of prosecution and defense with a strong Chinese character in the process of developing and continuously improving the judicial system. Based on the elaboration of the connotation of the development of the right of counterattack, this paper attempts to explore the law and trend of the development of the right of counsel in our country by analyzing the course of its development.