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新刑诉法扩大和完善了律师的会见权、阅卷权、调查取证权等权利,赋予了侦查阶段律师辩护人的地位,有效解决了此前律师所遇见的“三难”问题。同时,新刑诉法改变了控强辩弱的传统格局,对于控辩格局进行了重新塑造,控方优势地位逐渐减弱,公诉风险逐渐加大,控辩双方从激烈的对抗也逐渐走向平衡与协作,如何理解新刑诉法对于控辩关系的重构,在司法实践中需要迫切关注。
The new Criminal Procedure Law expanded and improved lawyers’ rights of meeting, reading, investigating and obtaining evidence, giving the lawyer the status of a defender in the investigation stage and effectively solving the “three difficulties” problems encountered by lawyers. At the same time, the new Criminal Procedure Law has changed the traditional pattern of controlling weakness and weakness, reshaping the pattern of prosecution and defense, gradually reducing the dominant position of the prosecution, and gradually increasing the risk of public prosecutions. Both parties have gradually shifted from fierce confrontation to balance and cooperation How to understand the reconstruction of the relationship between prosecution and defense in the new Criminal Procedure Law requires urgent attention in judicial practice.