控辩平等

控辩平等问题是刑事审判改革中的核心内容。

The equality of the prosecution and the defense is the core of the reform of criminal trial .

而刑事诉讼国家机关介入的天然性使得刑事诉讼结构不具有其诉讼结构所应当具有的控辩平等、法官中立等特点。

The state agencies involved in criminal proceedings makes the natural structure of criminal proceedings do not have neutrality of judges and other features which the legal structure of equality of the prosecution and the defense should have .

如何在刑事诉讼中落实控辩平等原则

How to Implement the Principle of Equality between Prosecution and Defense

如何构建控辩平等的取证机制之调查研究

How to build evidence mechanism of the equal prosecution and defense

从完善辩护制度的角度谈如何实现控辩平等

Perfect the System Advocacy of to Realize Equality of Defense and Accusation

控辩平等是辩护权保障的目的之所在。

Defendant , equality is the purpose of defense security .

理想与现实：控辩平等的宏观考察

Ideal and Reality : the Thinking on the Equality of Procurator and Defence

控辩平等对抗不仅存在于审判阶段，而且存在于审前阶段。

Equal adversary exists not only in trial , but also in pretrial stages .

独立承担完成国家社会科学基金课题“构建我国刑事诉讼中的控辩平等”；

Independently completed the National Social Science Fund project " Establishing Equality of Prosecution and Defense in Criminal Procedure in China ";

控辩平等与法官中立的静态格局是刑事简易程序的底线。

The static state pattern of equality between prosecution and defense and neutrality of judges is the baseline of criminal summary procedure .

同时，他极力主张引入西方刑事诉讼中的直接、言词原则，控辩平等原则，律师辩护原则和审判公开原则。

He partly introduced direct and oral principle equal principle defense of lawyers principle trial in public principle of the west into our country .

程序化追求控辩平等与独立的程序价值，体现为比例原则和辩护原则；

Procedures must pursue for procedural value of equality & independence between accusation and defense , which reflects as proportion principle and defense principle ;

论控辩平等及我国刑事诉讼中辩护律师的诉讼地位和诉讼权利及其保障

On Equality between Prosecution and Advocacy and Proceeding Position and the Rights of the Advocating Lawyers in the Penal Proceedings of Our Country and Their Protections

控辩平等原则是为刑事辩护得以正常、有效发挥其诉讼职能，要求在整个诉讼中建立合理、科学的诉讼结构的理论依据。

Equality between prosecution and advocacy ensures criminal advocacy to work normally and efficiently , it requires the establishment of a reasonable and scientific system of procedure .

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

要实现控辩平等，就必须赋予辩护律师独立的诉讼主体地位并保证其诉讼权利的实现。

To realize the equality between prosecution and advocacy , it is absolutely necessary to bestow the attorney the independent principle status and ensure their rights in penal proceedings .

保障律师的调查取证权，促进控辩平等，更好地维护犯罪嫌疑人的合法权益，是我国刑事诉讼法的内容之一。

The guarantee of lawyers'right to investigate and obtain evidence is one of the contents of Code of Criminal Procedure of China , and it is important to promote judicial justice .

联合国所通过的系列文件对控辩平等的实现方式作了规定并明确规定了辩护律师的诉讼地位和诉讼权利。

A series of documents passed by the United Nations have clarified the measures to realize the equality between prosecution and advocacy , they also specifically ascertained the proceeding status of the attorneys and their rights .

然而，我国辩护律师在刑事诉讼中的诉讼地位与诉讼权利之现状是令人担忧的，与控辩平等的要求相差甚远。

Nevertheless , the present status quo in China of the rights and positions of the advocating lawyers in penal proceedings is quite upset and is far from the demands on the equality between prosecution and advocacy .

应当确立以法院为中心的刑事司法外部体制，建立以审判为中心、审判中立、控审分离、控辩平等的诉讼结构；同时应当构建以法官为中心的刑事司法内部体制。

China should establish a court-centered external criminal justice mechanism , a trial-centered , neutral litigation structure with the separation of prosecution from trial organs and equality between the prosecutor and defendant , and a judge-centered internal criminal justice system .

而确保或基本确保诉讼公正的关键是维持诉讼程序公正的基本格局，亦即把握两条最基本的规则，一是控辩平等，二是法官中立。

While the key point of ensuring justice of action is to maintaining the basic pattern of procedural impartiality of action . That is we should grasp firmly two most basic principles , one is equality between prosecution and defense , and the other is neutrality of judges .

实现控辩平等是刑事诉讼追求的目标，我国修改后的《刑事诉讼法》在形式上扩大了辩护律师的权利，但实质上仍存在很大的缺陷和弊端。

It is a goal pursued in criminal suit to realize equality of accusation and defense . After revision of China 's " Criminal Procedure Law " the counsel 's right in form has been expanded , but still there are very great defect and drawback in fact .

当代世界各国普遍采取控辩双方平等对抗，裁判者居中裁判的诉讼格局。

Contemporary countries generally adopt both sides equal confrontation , and the middle magistrate judge pattern of the proceedings .

其二，力图建立控辩双方平等对抗的诉讼机制；

The second is the establishment of the action mechanism that the prosecuting party and defending party have the equal rights in the confrontation .

第二，力图建立控辩双方平等对抗的诉讼机制，有利于促使法官平等地考虑控辩双方的意见从而更客观地作出判断；

Second , the establishment of the action mechanism that the prosecuting party and the defending party have the equal rights in the confrontation will enable the judge to consider equally the opinions of the two parties so as to make a proper judgement .

要在立法上赋予辩护律师在侦查阶段的辩护人地位，赋予辩护律师某些侦查行为的在场权及申请启动鉴定程序的鉴定权等，通过权利的完善，加强控辩的平等对抗。

We need to give the defense lawyers in the investigation stage of defense position in the legislation , give the lawyer some rights of investigation and application start presence right program identification right , and strengthen the equal confrontation through the perfection of rights .

保释制度是以保障被检控者的人身自由为价值取向，以无罪推定为理论依据，以确保司法程序和维护社会公正为前提，体现了当事人主义的控辩地位平等的诉讼模式。

With guaranteeing personal freedom of the accused as value orientation , guiltless presumption as theoretical basis , guaranteeing judicial procedure and maintaining social justice as precondition , undertaking recognizance upon bail system materializes lawsuit mode of equal accusatory and defensive positions of the adversary system .

诉权救济模式是法律赋予控辩双方平等的再审诉权，在一个平等的平台上由控辩双方就案件向法院提起再审，从而纠正刑事错案的一种模式。

Litigation relief mode is both of the accused and the defendant to legal right to equality retrial in an equal platform by both of the accused and the defendant in a case to court for retrial , which are able to correct a pattern of criminal crime .

本章分三节论述国外对辩护律师权利的保障措施，都是以保持控辩双方地位平等，保障律师权利为目的。

This chapter discusses the measures safeguarding the foreign lawyers from three sections . The prosecution and defense are to maintain equal status , and to protect the lawyers ' rights .

讯问、询问、盘问三词在汉语词义上和法律性质上存在着区别，这种区别反映了我国传统法文化中刑事诉讼程序的控辩双方不平等的理念对现代刑事诉讼立法的潜在影响。

There are differences both in the meanings and nature of law among the three words interrogation , inquiry , cross-examination , these differences reflect the potential impact on the modern legislation for criminal justice by the inequality ideal existing in the Chinese traditional legal culture .