浅析我国应如何实现控辩平等原则——以完善辩护制度为视角

A Brief Discussion on the Principle of the Accuser and the Defender Being Equal in China——taking the improvement of the defending system as the visual angle

在刑事诉讼中,控辩平等是现代刑事法治理念的核心内容之一,也是实现程序中立、维护司法公正的重要保障。首先分析了我国刑事诉讼中控辩失衡的主要原因和实现控辩平等的现实意义,接着阐述了新《律师法》的实施对控辩平等所具有的推动作用及其与《刑事诉讼法》的主要冲突,最后从完善我国辩护制度的视角,提出了一些实现控辩平等的构想,以维护社会主义法制的统一、尊严和权威。

In criminal cases, the equality between the accuser and the defender is among the basic contents of criminal law idea in modern society, which is the important guarantee in both realizing the neutrality of procedure and sticking for the justice of judicial administration. This article is intended to develop as follows： first, to analyse the main causes of the unbalance between the accuser and the defender and the practical meanings of realizing the equality between the accuser and the defender in criminal eases in China; second, to set forth the driving function that the new Law on Lawyers has to the realization the equality between the accuser and the defender, and the main conflicts that it has with Criminal Procedure Law; third, in the perspective of improving the defending system in China, to bring forward some ideas for the realization of the equality between the accuser and defender so as to maintain the unity, dignity, and authority.