On The Balance Of Litigation Structure In Investigation Procedure

As the basic principle of the construction of modern criminal litigation,the application of the principle of equality of prosecution and defense runs through the whole process of criminal proceedings.In the investigation procedure,the principle of equality between prosecution and defense provides a theoretical basis for balancing the litigation structure of the investigation procedure.After pleading guilty and practising stipulations,it is necessary to re-examine the principle of equality between prosecution and defense and its application in investigation procedures.At present,the primary task of criminal proceedings in China is still to punish crimes,which leads to the absolute imbalance of the legal power allocation between the opposing parties in the investigation process,which further creates the inequality of the status of the two sides.Balance the power of both parties in the investigation process and establish a reasonable litigation structure,not only to limit public power,but also to pay attention to effective ways to provide protection and relief for individual rights.At present,China's criminal procedure investigation procedure is basically closed.China's law lacks effective external constraints on investigation behavior,which makes investigation behavior easy to exercise.In the investigation procedure,the litigation structure in the investigation procedure can be explored,and the procuratorial organ can be-explored as a neutral third party to carry out the restriction of public power and the guarantee of private rights.