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刑事诉讼法的修改应当体现控辩审三方的分离,现行刑事诉讼法中对这一原则体现的不够充分;同时要体现控辩平等原则,在法庭上控辩双方应该是平等的,以利于保护公民权利。法院只能被动中立地裁判,不能积极地推动审判。目前刑事辩护率较低,不足50%,有的地方甚至不足5%。辩护制度是衡量一国法治程度的重要标志,应当予以完善。
The revision of the criminal procedural law should reflect the separation of the prosecution and the trial of the three parties. The present Criminal Procedure Law does not fully reflect this principle. At the same time, it should reflect the principle of equality between accuser and prosecutor. Both parties should be equal in court to facilitate the protection Civil rights. The court can only passively and neutrally adjudicate and can not actively promote the trial. The current rate of criminal defense is low, less than 50%, and in some places even less than 5%. The defense system is an important indicator of the degree of the rule of law in a country and should be improved.