Equality Of Procurator And Defense

The equality of procurator and defense is the basic rationale of modern criminal procedure which is also named as the balance of procurator and defense .It is the internal needs of the modern criminal procedural structure. The equality of procurator and defense requires that the defense and the powerful state procuratorial organ not only have the right of equality of arms and equality of treatment, but have the right to control and supervise the enforcement of the state power efficiently by means of exercising the right to defense fully as well. The innate character of the equality of procurator and defense is the application of the power balance theory in criminal procedure, which means the right resists and restricts the power besides the restriction among power systems to guarantee the powers exercised rationally and the criminal procedure conducted with purpose conformity.There are considerate differences between the two legal systems on the acceptance and rejection of the equality of procurator and defense because of the different litigation culture and value idea of criminal process respectively. It is the adversary system that the common law countries pursue in the criminal procedure, which places emphasis upon human right protection especially the procedural rights 'protection of the accused and the implantation of the equality of procurator and defense ideas in investigation stage. After the establishment of "Due Process" and "Millanda Rules" in America, the rationale of the equality of procurator and defense is carried to its consummation. It is the adversary system that the civil-law countries apply. Similar questioning trial style is mainly adopted in the investigation stage, which cannot form equal adversary of both parties even though defense lawyers and the accused are conferred some definite rights. The criminal procedural law only confers the state judicial organs of investigative power and gives the accused no recognition. The accused can resort mainly to investigation organ to collect evidence that can prove the criminal suspects or defendant's innocence and a minor guilty other than collecting evidence in person. Judges play a leading role in the period of trial, and then proceed to equal adversary of both parties. With the development of our society, the improvement of civilization and the realization of the procedural inherent law, a...