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本文从分析我国控辩双方取证能力之现状入手,认为1996年刑诉法的修改没有解决控辩双方取证能力严重失衡的问题,故立法追求庭审对抗实质化的意图未能实现。文章在分析当事人主义庭审模式下应为增强被告方取证能力采取措施的基础上,提出了为实现我国庭审实质化而必须增强被告方取证能力的主张。
Based on the analysis of the current situation of the evidence-gathering ability of both prosecutors and defensers in our country, this paper argues that the amendment of the Criminal Procedure Law in 1996 failed to solve the problem of serious imbalance between the prosecution and the defense. Therefore, the legislative intent of pursuing trial against confrontation failed to be realized. Based on the analysis of the mode of trial of parties, the article proposes measures to enhance the ability of the defendants to obtain evidence, and puts forward the proposition that in order to realize the substantive trial in our country, it is necessary to enhance the ability of the defendants to obtain evidence.