摘要
控辩平等是刑诉法治的基本理论与基本理念,相比审判阶段由控辩双方提出证据平等对抗以体现控辩平等而言,对证据的取得和掌握的重要阶段,侦查阶段的控辩平等尤为重要。但我国目前由于侦查权力过大,犯罪嫌疑人权利受限制较多,在控辩关系上体现出"一边倒"的特点。因此应当对侦查机关的权力进行合理规制,赋予犯罪嫌疑人更多的诉讼权利,从而缩小二者之间的差距,以达到侦查阶段实现控辩平等的要求。
Balance between the prosecution and defense is the basic theory and idea for legalization of criminal litigation.Comparing with the trial procedure in which both the parties of prosecution and defense have rights to induce evidences and confront to each other equally,balance between both parties in investigation procedure which is a key stage for obtaining and grasping evidences seems to be more significant.However,at present due to unfairly larger power of investigation authority,and overly limited rights of criminal suspects,the prosecution enjoys overwhelming superiority in the relationship.In this case,the power of investigation authority shall be reasonably regulated and more rights out of litigation shall be granted to criminal suspects,so that the unbalanced relationship between the prosecution and defense can be reduced,which may be helpful for realizing the equality between the two parties in investigation procedure.
出处
《长春理工大学学报（社会科学版）》
2010年第6期23-24,32,共3页
Journal of Changchun University of Science and Technology（Social Sciences Edition）
关键词
控辩平等
无罪推定
检察监督
balance between the prosecution and defense
presumption of innocence
prosecutorial supervision
