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刑事诉讼控辩双方的关系是刑事诉讼构造的体现,也是现代法治国家法治发展程度的重要标志。2012年新修订的刑事诉讼法规定了庭前准备程序,并对被告方的辩护权进行了完善,法律修订前后的差异对我国刑事诉讼控辩关系造成了一定的影响。本文着眼于新庭前准备程序的设立,对控辩双方的关系演变进行考量与审视,以期为新刑诉法在实践中的适用提供参考。
The relationship between the prosecution and the defense of criminal proceedings is the embodiment of the structure of criminal proceedings and is also an important symbol of the development of the rule of law in modern law-governed countries. The newly revised Criminal Procedure Law in 2012 provided for the preparation process before the court and perfected the defense right of the defendant. The differences between before and after the amendment of the law had a certain impact on the criminal prosecution and defense relationship in our country. This article focuses on the establishment of the new courtroom preparation procedure, examines and examines the evolution of the relationship between the prosecutor and the defense, with a view to providing reference for the application of the new criminal procedure law in practice.