A Quantitative Analysis On The Equilibrium

This thesis is focused on the achievement of the balance between the prosecution and defense in light of the trial practice. Criminal proceedings may return to the inquisitorial pattern if the formal equilibrium between the prosecution and defense is broken. The values of justness may be lost should the substantive equilibrium between the two be destructed. Based upon the awareness of the importance of such equilibrium this thesis attempts to cast light upon a new path through which such equilibrium may be achieved. This thesis consists of four main parts:Part 1, Introduction. This part explores into the definition, research methodology and significance of the equilibrium. Author is of the opinion that the equilibrium refers to the situation where the defense should be granted comparable rights to confront the prosecution and the procedure through which such rights are to be exercised should be facile, free from undue interference and efficient and the final judgment should duly reflect the process of such equilibrium. Author has abstracted three factors out of the process of equilibrium for the purpose of a detailed analysis. Quantitative analysis is proposed as a way to research on the equilibrium between prosecution and defense. Merits and shortcomings of the quantitative method are also studied. Finally, elaborations are made on the significance of the equilibrium between prosecution and defense. This part is to some extent similar to the researches conducted by other scholars but it is the necessary basis upon which further researches may be pursued.Part 2, Analysis on the Status Quo of the Equilibrium. In line with the pattern of criminal proceedings the author depicts the essential factors such as legislation, factual operation of the roles of the judge, prosecutor and the defense in a triangle pattern. Positive method is employed to arrive at the conclusion that the equilibrium shall be established with other factors not associated with law itself.Part 3, Quantitative Analysis on the Factors Affecting Equilibrium. This part constitutes the core part of the thesis. In the first place, legislation factors are analyzed and it is concluded that although legislation factors are not confined to the pattern of criminal proceedings such factors do play a role in guiding the whole criminal procedure, directly affecting the equilibrium between prosecution and defense. Furthermore, author has made an analysis upon the relationship among the judge, prosecution and defense in the trial and is of the opinion that the relationship is to some degree not properly defined or positioned. The position of the prosecution needs to be restrained and the role of prosecution should be redefined. Meanwhile, the position of the defense should be enhanced and the judge should be free from the undue interference and properly delimitate his legal, political and socio-psychological position in the trial process. Author also made an analysis upon other factors affecting the equilibrium which have dissimilated the pattern of criminal proceedings. All these factors have to be taken into account when the quantitative analysis is to be made.Part 4, Establishment of the Equilibrium. In this part author endeavors to sort out the factors which are crucial to the establishment of such equilibrium and some safeguarding measures are proposed for the maintenance and realization of such equilibrium. Such a conclusion is apparently important although the author is short of the profound theoretical capacity to make that conclusion fully theoretically supported.Significance of this thesis is manifested in the following aspects: firstly, a new methodology is introduced into the research, which is rarely employed by other researchers and thus the depth and width of legal researches is greatly confined; secondly, constructive researches have been made on the factors affecting the equilibrium between the prosecution and defense and such researches may be conducive to the establishment of the reasonable equilibrium between prosecution and defense in the future...