关于控辩平等原则演进的思考

Reflection on the Evolution of Equality of the Prosecution and the Defense

人类文明前行的足音,必然呼吁人类个体自由度的提高和主体平等地位的确立。在各国刑事诉讼领域控制犯罪与人权保障关系的演进中,控辩平等原则的基本精神经历了一个从无到有、从少到多的过程。这是政治民主与市场经济的发展对尊重人权和强调人的尊严的必然要求。而今,国际公认的司法原则是不得以牺牲司法公正或威胁基本人权为代价来控制犯罪或建立秩序。以此检视我国现行刑事诉讼制度,可以发现,控辩平等原则在我国法律制度和司法实践中还只是雏形,其与国际公约和司法准则对控辩平等的要求依然存在较大差距,甚至在某些方面尚未达到控辩平等之最低标准要求。

The advancement of human civilization inevitably appeals for the improvement of the degree of individual freedom and the establishment of equality of subjects, The spirit of the principle of ＂Equality of the Prosecution and the Defense＂ has emerged and gained enormous development in the evolution of the relationship between crime controlling and human rights guarantee in the area of criminal litigation over the world. This is the necessary requirements of political democracy and market economy for respecting human rights and emphasizing human dignity. At present, one judicial principle accepted by international society is that controlling crime or establishing order can not be at the cost of judicial justice and basic human rights. It can be found that the principle of ＂Equality of the Prosecution and the Defense＂ is just at its preliminary stage in Chinese law system and judiciary practice. There is very great disparity between it and requirements on ＂Equality of the Prosecution and the Defense＂ put forward by related international convetions and judicial criteria, even it does not yet reach the lowest standard of the principle of ＂Equality of the Prosecution and the Defense＂.