控审分离原则之法理探析

The Exploration on Legal Principle of Separation of Complaints with Trial

作为近现代国家刑事诉讼中普遍认同的一项基本原则,控审分离有其丰富内涵,诉讼公正系其核心价值,而分权制衡、人权保障、程序主体性、诉讼经济理论以及相应的心理学原理构成其理论基础。

As a fundamental principle of criminal proceedings in modem state, the separation of complaints with trial has its rich contents and requirements. Due process is its core value. Its theoretical basis consists of theories of the separation of powers, human rights protection, the main procedures of litigation , economic theory and principles of the psychology.