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当前国内学界对于欧美的对抗式刑事程序在总体上采取借鉴吸收态度的同时,对其存有非议,主要针对的就是该刑事程序存在的两大固有缺陷:敌对效应和财富效应。文章从刑事诉讼的目的看敌对效应,从已经建立的法律援助制度看财富效应,发现原有的非议并不存在。欧美对抗式刑事程序的两大缺陷究其实质并非是对抗式刑事程序本身存在的问题,我国应该坚定吸收对抗式刑事程序有益要素,扬弃职权主义模式,更好地推进司法制度的改革。
At present, the domestic academic circles mainly deal with the antagonistic criminal procedure in Europe and the United States while refusing to accept it for absorption. The two main defects inherent in the criminal procedure are the hostile effects and the wealth effect. The article looks at the hostile effect from the purpose of criminal procedure and the wealth effect from the legal aid system that has been established. It finds that the original criticism does not exist. The essence of the two major defects of the confrontational criminal procedure in Europe and the United States is not the essence of the adversarial criminal procedure itself. Our country should firmly absorb the beneficial elements of the confrontational criminal procedure, abandon the mode of official power and better promote the reform of the judicial system.