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在刑事司法领域,控诉权与辩护权的博弈以及检辩双方的角色定位是诉讼中的重要问题,本文通过对检辩双方角色混同等现象以及背后原理的分析,赋予检辩关系科学的含义,这是构建符合法治理念的检辩关系的前提。保障辩护方权利救济,完善检察机关的法律监督制度,构建平衡对抗的检辩关系,是法治国家的必然要求。
In the field of criminal justice, the game between the right of complaint and the right of defense and the role of both prosecutors and deputies are important issues in litigation. This article gives the scientific meaning of examining the relationship between prosecutors and deputies by analyzing the role of both prosecutors and deputies and their underlying principles. It is the prerequisite to construct the relationship between the prosecution and the defense in conformity with the concept of the rule of law. It is an inevitable requirement for a country under the rule of law to guarantee the defense of the defense’s rights, improve the legal supervision system of the procuratorial organs and establish a law-abiding relationship between the two parties.