浅析我国刑事审前程序中的控辩失衡问题

An Analysis of out of Balance Between the Prosecution and the Defense in Criminal Pre-trial Procedures in China

控辩失衡造成我国刑事审前程序中诸多问题如刑讯逼供、超期羁押问题的出现,是辩方实现辩护权的主要障碍。控辩平衡是刑事审前程序中一个重要原则,是公正的法律裁判不可或缺的条件,也是实现司法正义必不可少的保障。

Desirable balance between the prosecution and the defense in the criminal pre-trial procedures cause many problems,such as extorting confessions by torture and extended detention.That is the main obstacle for the defense to realize the right to defend themselves.Through the analysis of the imbalance and the exploration of the importance and need of balancing between the prosecution and the defense,it is a key principle in criminal pre-trial proceedings,and an indispensable condition for the law justice,but is also an essential for the protection of justice.