论文部分内容阅读
在传统的对抗制下检察官及律师受到司法伦理角色说的影响,将原本通过控辩双方的竞技,更好的发现事实真相的对抗制变成了纯粹的对抗关系,忽略了对抗的伦理底线,丢掉了辩护律师和检察官应当承担的对公众的公共责任,导致在刑事诉讼中大量不公的甚至是非法的现象存在。这些问题应当值得我们深入反思。
Under the traditional adversarial system, prosecutors and lawyers have been influenced by the judicial ethical role. They turned the confrontational system which was originally based on the competition between prosecutors and advocates to better discover the truth and turned it into a purely antagonistic relationship, ignoring the ethical bottom line of confrontation , Losing the public responsibility that defense lawyers and prosecutors should shoulder to the public, resulting in a large number of unfair and even illegal phenomena in criminal proceedings. These problems deserve our in-depth reflection.