控辩关系失衡的成因及对策

The Causes of the Imbalanced Relationship between the Accusing and the Defending and their Resolutions

刑事诉讼法的修改 ,增强了我国辩护制度的民主性和科学性。但由于我国特殊的经济、政治体制和法律文化渊源 ,加上司法体制、法律制度及律师自身等多方面原因 ,使辩护制度不够完善 ,辩方力量弱小 ,从而导致控辩双方力量失衡。为了改变这一状况 ,我们必须完善社会主义市场经济、发扬民主、健全法制 ;树立新的法观念 ,增强中国民众法律文化的底蕴 ;法官中立 ,检察院专司控诉 ,加强辩护力度 ;改变律师的管理体制 ,赋予律师执业的独立性 ;提高律师的职业道德和业务素质。只有如此 ,才能增强辩方的力量 ,完善辩护制度 ,达到控辩双方力量的基本平衡。

The amendment to the Code of Criminal Procedure has strengthened democratic and scientific nature of the defense system in China. However, resulting from our country's special economical and political structures, cultural origins, in addition to other factors such as judicial and legal systems and lawyers themselves,the defense system is still imperfect. The defending side is so weak that it inevitably leads to a state of imbalance between the two sides. In order to change this state, we must develop market economy, carry forward democracy and enhance legal system. Secondly, we must foster new concepts of law and enrich the Chinese citizens' legal culture. Thirdly, We must keep judges impartial, ensure prosecutors' specific prosecuting function and further emphasize defenders' role. Fourthly, we must improve the management of lawyers and guarantee their professional independence. Finally, lawyers themselves must better their vocational ethics and quality. Only by doing so, can we make the defending side strong, perfect the defense system and strike a basic balance between the accusing and the defending sides.