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目前关于控辩平衡的研究只局限于程序法层面,具有一定的片面性。完整意义的控辩平衡应当包含程序法意义上的控辩平衡和实体法意义上的控辩平衡双重含义。实体法意义上的控辩关系体现在犯罪构成模式上。与两大法系犯罪构成模式与控辩平衡的契合性相比,我国的犯罪构成模式与控辩平衡之间具有一定的张力。我国转型后的刑事诉讼模式对控辩平衡的强调必然要求犯罪构成模式的转型。
At present, the research on the balance between prosecution and defense is limited to procedural law and has certain one-sidedness. The complete meaning of the balance of prosecution and defense should include the dual meaning of the balance of prosecution and defense in the procedural law and the balance of prosecution and defense in the sense of substantive law. The relationship between prosecution and defense in substantive law is reflected in the model of crime composition. Compared with the compatibility of criminal constitution mode with that of prosecution and defense in the two legal systems, there is a certain tension between the mode of crime constitution and the balance of prosecution and defense in our country. The emphasis on the balance between prosecution and defense in the criminal procedural model after the transition in our country necessarily requires the transformation of the constitutional model of crime.