刑事诉讼结构设计的基本原则有两条:一是控、辩双方均衡对抗,不仅包括法庭上控、辩双方在享有平等的诉讼地位和均等的诉讼权利和义务的基础上为认定事实和适用法律进行辩驳,也包括法庭外控、辩双方在侦查、起诉阶段为收集证据而进行的平等抗衡。比如辩护律师在侦查、起诉阶段从事的会见被告、收集证据等活动就是这种庭外抗衡的明显标志,二是法官均衡裁判,即法官在不偏不倚听取双方意见的基础上以一个仲裁人的身份对案件的事实认定和法律适用作出最后决定。这样,刑事诉讼结构自然就形成了一个以法官为 There are two basic principles for the design of criminal procedure structure: First, both sides control and defend each other in a balanced manner, including not only the court’s control and defense, but also the affirmation of facts and applicable law on the basis of equality of litigation status and equal rights and obligations of litigation Including the court’s external control, arguing that the two parties should contend for equality during the investigation and prosecution stages in order to collect evidence. Such as defense lawyers engaged in the investigation and prosecution phase of the interview defendants, gathering evidence and other activities is a clear sign of this extra-territorial balance, the second is the judge a balanced referee, that is, judges impartially listen to the views of both parties on the basis of an arbitrator Identification of the facts of the case and the legal application of the final decision. In this way, the structure of criminal proceedings will naturally form a judge