和谐社会语境下的控辩平等--以构建平等合作诉讼模式为中心的研究

Equality of the Prosecution and the Defense under the Backdrop of Harmonious Society:A Study on Constructing Criminal Procedure Featuring Equal Cooperation

长期以来,国内外学术界都是从平等武装与平等对抗的层面认识和剖析控辩平等的内涵。然而,在当代法治视野中,控辩平等的内涵已经有了新的丰富的发展。平等武装、平等保护、平等对抗、平等合作四种模式共生共长,凝聚而成控辩平等的现代内涵。特别是和谐社会(世界)构建之时代背景之下,控辩平等合作模式的构建,应当在刑事诉讼体制的改革中有所担当。

For a long time, experts at home and abroad in acdemic circles have been understanding and analyzing the connotation of ＂Equality of the Prosecution and the Defense＂from the two aspects of ＂equality of arms＂ and ＂equality of treatment＂. In the visual field of rule of law, The connotation of ＂Equality of the Prosecution and the Defense＂, however, has got new and further development. ＂equality of arms＂, ＂equality of treatment＂, ＂equality of confrontation＂ and ＂equality of cooperation＂ are of being congruous, which therefore formed the contemporary connotation of ＂Equality of the Prosecution and the Defense＂. Under the background of the ＂construction of harmonious society （world）＂, the construction of the cooperation model of ＂Equality of the Prosecution and the Defense＂ should assume the responsibility in the criminal procedure renform.