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人类文明前行的足音,必然呼吁人类个体自由度的提高和主体平等地位的确立。在各国刑事诉讼领域控制犯罪与人权保障关系的演进中,控辩平等原则的基本精神经历了一个从无到有、从少到多的过程。这是政治民主与市场经济的发展对尊重人权和强调人的尊严的必然要求。而今,国际公认的司法原则是不得以牺牲司法公正或威胁基本人权为代价来控制犯罪或建立秩序。以此检视我国现行刑事诉讼制度,可以发现,控辩平等原则在我国法律制度和司法实践中还只是雏形,其与国际公约和司法准则对控辩平等的要求依然存在较大差距,甚至在某些方面尚未达到控辩平等之最低标准要求。
The footnotes of the advance of human civilization must inevitably call for the improvement of the individual freedom of mankind and the establishment of the equal status of the subject. In the evolution of the relationship between crime control and protection of human rights in the field of criminal procedure in various countries, the basic spirit of the principle of equality between accuser and prosecutors has gone through a process from scratch to from as few as possible. This is an inevitable requirement for the development of political democracy and market economy to respect human rights and emphasize human dignity. Today, internationally accepted principles of the judiciary are that crime or the establishment of order must not be controlled at the expense of justice or threats to basic human rights. In this way, we can see that the principle of equality between accuser and prosecutor is only a prototype in the legal system and judicial practice in our country. There is still a long way to go in terms of equality between prosecutors and deputies under international conventions and judicial norms. These aspects have not yet reached the minimum standards of equality of prosecution and defense.