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刑事诉讼中控辩双方是相互对立的,这种对立来源于身份的对立、利益的对立、职能的冲突。但一味地对抗有可能导致诉讼结果的不公。而控辩双方的诉讼行为都是依据事实和法律展开的,双方都追求公平与正义,同时作为控方的检察官与作为辩方代理人的辩护律师又都属于同一个法律职业共同体,这就使得控辩双方的合作成为可能。控辩协作体现了对人权、民主的崇尚,对公正、效率的追求。
The two parties in prosecution and defense in criminal proceedings are opposite to each other. This kind of opposition stems from the contradiction of identity, the opposition of interests and the conflict of functions. But blindly confrontation may lead to unfair legal consequences. Both prosecution and defense litigation are based on facts and laws, both sides seek fairness and justice, while the prosecutor as prosecutor and defense counsel as the defense belong to the same legal occupation community, which Making the cooperation between prosecutors and defense possible. The cooperation between prosecution and defense embodies the pursuit of human rights and democracy and the pursuit of justice and efficiency.