控辩平衡的实体法维度

Balance between the Prosecution and Defense in the Perspective of Substantive Law

目前关于控辩平衡的研究只局限于程序法层面,具有一定的片面性。完整意义的控辩平衡应当包含程序法意义上的控辩平衡和实体法意义上的控辩平衡双重含义。实体法意义上的控辩关系体现在犯罪构成模式上。与两大法系犯罪构成模式与控辩平衡的契合性相比,我国的犯罪构成模式与控辩平衡之间具有一定的张力。我国转型后的刑事诉讼模式对控辩平衡的强调必然要求犯罪构成模式的转型。

It is unilateral that the present research limits the balance between the prosecution and defense within the procedural law. Complete meaning of the balance between the prosecution and defense shall consist of balancing the prosecution and defense in both procedural law and substantive law. The relationship of the prosecutor and the defendant in substantive law manifests in the crime constitution pattern. Contrasting with the coincidence between the crime constitution pattern and the balance between the prosecution and defense in substantive law in two legal systems, the crime constitution pattern and the balance between the prosecution and defense have certain tensility in China. The transformed criminal prosecution pattern in China that emphasizes the balance between the prosecution and defense requires reforming the crime constitution pattern.