Research On The Construction Of New Relationship Between The Prosecution And The Defense

Under the background of deepening judicial reform,with the progress of the three reforms which is of trial-centered procedura,of the system of leniency on admission of guilty and acceptance of punishment,and of the supervisory system,the relationship between the prosecution and the defense will reach a new development.After defining the concept of the relationship between the prosecution and the defense,thinking about its sollen position,finding its theoretical basis,investigating the foreign models,this thesis analyzes the diversified communication forms in practice between the prosecutors and lawyers in different stages and multi-facetedly,to describes a picture of inequality,collaborative and uncooperative by capturing the empirical data,making the questionnaire surveys,searching the Inernet,analyzing the trial transcripts and analyzing the cases.The author thinks about the numerous problems in practice,finds out the reasons in the litigation structure,the system and the rule of law mode from the confrontational relationship between the prosecution and the defense,puts forward constructivist approachs to new relationship in the new situation.In theory,the balance of control is the trend.The new relationship is under the premise of balance,the confrontational relationship should be confrontational and the collaborative part should be collaborative,and the new one also making the trial-centered procedural and the system of leniency on admission of guilty and acceptance of punishment come true in return.