Research On The Equality Of Prosecution And Defense From The Perspective Of Judicial Centralism

The inequality has been one of the criminal procedure in China,for a long time to promote the equality of the prosecution and the defense is from being "devolution" the defendant and counsel to China’s criminal procedure law modification also presented to the extended rights defense trend.But only for the defense does not solve the essence of both sides to expand its powers of inequality,also need to pay attention to the trial and complaints from two aspects proceed the system improvement,the strong public power sector and weak defense in allelopathy and mutual dependence in the community system.Put forward the idea of reform of criminal litigation system in the trial as the center,is essentially an attempt to reconstruct our criminal litigation pattern,which provides new opportunities and ideas for our country to build a more equal relationship between the prosecution and the defense.This paper is composed of introduction,text and conclusion.The text is divided into five parts.The first part starts with the analysis of the connotation of the two principles of trial centralism and the equality between prosecution and defense,and further explores the logical connection between the two.That is the meaning of the equality of the trial center,the establishment of the trial center position also requires equal confrontation both sides,the two are containing relation and interdependence,is a closely related organism.The second part analyzes the theoretical basis of equality of prosecution and defense,including the principle of presumption of innocence,the principle of procedural justice,the principle of procedural subjectivity.The principle of presumption of innocence is the basic principle,which is the logical starting point of equality between prosecution and defense in modern litigation.The principle of procedural justice comes into being in the process of litigation,and it requires both sides to fight against each other.The principle of procedural subjectivity originates from the philosophy of the subject of human beings,and advocates the respect for human dignity,and the subject’s status from the object of action is promoted to the main position.The third part analyzes the present situation,problems and causes of the relationship between the prosecution and the defense in our country,and points out that there are two factors that cause the inequality of the prosecution and the defense.The main factor of historical tradition lies in the prevalence of autocratic culture and the lack of the concept of power balance.The main factors of modern times lie in the deep-rooted idea of power standard and the lack of the concept of rights protection.In the fourth part,the author introduces the relevant provisions of foreign countries in order to make reference to the reconstruction of the relationship between the prosecution and the defense under the framework of the trial centralism.The fifth part puts forward some suggestions to promote the equality between prosecution and defense.The proposal is divided into three aspects,one is the system foundation,legal concept,need to carry out the implementation of advanced concepts,advanced system,provide guidance and institutional guarantee for the realization of equality between prosecution and defense;two is in the system operation,operating mechanism to improve the relevant departments of the state power,in order to realize the equality between prosecution and defense create good platform;the three is set in the procedure,appropriate improvement program settings,the equality of the prosecution and the defense more practical.