Research On The Relationship Between Criminal Prosecution And The Defense In The Criminal Procedural Structure

With the development of human civilization litigation, criminal suspect, the defendant's litigation positions have undergone radical changes had been appointed by the "people" manipulate the proceedings to become the object of the right to claim for themselves the subject of proceedings. Some Western countries have a relatively complete legal system to form a set of relatively mature designed to protect criminal suspects, defendants and other human rights of the criminal legal system. In these systems, criminal suspects, defendants, etc., may take legal right, according to procedure established by law, to challenge the prosecution authorities, equality and confrontation in order to safeguard their legitimate rights and interests. In China, the 1996 revised Criminal Procedure Law of equality is concerned, although the prosecution and the defense made some progress, but still no change to the original criminal prosecution criminal justice system as the center was due prosecution of people do not get the dominant position. How do based on the reality of China's judiciary and, in drawing on the basis of the advanced experience of foreign countries, improve the regulation of China's criminal prosecution and the defense relations between the systems, procedures, to achieve equality of arms prosecution and the defense, equal confrontation, equal protection, is the focus of this paper. The main ideas of the papers are as follows:The basic theory of criminal structures. Structure refers to the criminal complaint, defense, the legal status of three referees and relationships, but also police, prosecution, courts and relationships between the legal status of. In order to construct a methodological tool to study criminal prosecution and defense relations will help a whole to grasp the relationship between various characteristics of the defense and prosecution, thereby avoiding a separate study of the relationship between prosecution and the defense may be split between the parties, as well as the organic thin theoretical perspective. As the very concept of criminal structures are controversial, in the article the first part of the right sort of these concepts in detail and clarification.The relationship between criminal prosecution and the defense of foreign content. Whether it is civil law countries, or the common law countries generally require a variety of recourse to safeguard the human rights of the litigation system and procedures. Through a representative national criminal better known introduction to the principles and specific systems, you can these principles, system and its implication of the spirit of understanding, and thus conclude that criminal prosecution and the defense of foreign relations between the three major trends.The relationship between criminal prosecution and the defense of China's deficiencies. From the legislative, judicial practice, two angles sum up a serious imbalance in China's criminal prosecution and the defense relationship between the existence of power, the main body of information inequality, and the specific performance of the enumerated and elaborated.The improvement of the relationship between criminal prosecution and the defense of China. Learn from the experience of foreign countries and a representative for the China's legislative, judicial practice, and made more systematic system construction program. Safeguard the prosecution of people in power, the main body of information on the equality of confrontation with the prosecution authorities in order to safeguard their legitimate rights and interests.Only to perfect this system is enough? This paper conducted a more in-depth thinking, thinks that the system built with the idea of updating should be done simultaneously, and even more fundamental concept of updating. China's traditional emphasis on power, light-action concept of the right to shift power and rights should be equal emphasis on the modern legal concepts. Advanced concepts in need of reasonable litigation litigation support, and reasonable, in line with the laws of the litigation proceedings for the concept of development, dissemination has provided a guarantee to continue to promote the criminal justice system change, the beliefs and systems are indispensable.