控辩平等视野下我国侦查程序之构建

Construction of China Detective Procedure under the Perspective of Prosecution and Defense Equality

控辩平等是现代刑事诉讼的原则之一。依据该原则,行使控诉权的控方与行使辩护权的辩方之间,应当在诉讼地位平等诉讼权利对等的基础上展开对抗活动;但在我国,目前由于侦查权力过大,犯罪嫌疑人权利受限过多,在控辩关系上呈现不平等状态。要实现公平正义,必须要求侦查阶段的控辩双方地位平等,对控方的权力进行合理规制,赋予辩方更多的诉讼权利。

The prosecution and the defense equality is one of the principles of modern criminal suit. On the basis of this principle, both parties of the prosecution and the defense shall exercise their confrontation activity. However, in China, because of the overpower of the detective right, too much rights limits of the suspects, there is unequal status between the defense and the prosecution. Therefore, in order to realize the justice, at the detective stage the prosecution and the defense must be equal, the power of the prosecution must be reasonable restricted and more rights shall be en-powered to the defense.