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控辩平衡不但需要程序法的保障,而且需要实体法的保障。与两大法系犯罪构成模式与控辩平衡的契合性相比,我国的犯罪构成模式与控辩平衡之间具有一定的张力。犯罪构成模式的改造必须与我国转型后的刑事诉讼模式对控辩平衡的强调相适应。
The balance between prosecution and defense not only needs the protection of procedural law but also the protection of substantive law. Compared with the compatibility of criminal constitution mode with that of prosecution and defense in the two legal systems, there is a certain tension between the mode of crime constitution and the balance of prosecution and defense in our country. The reconstruction of the pattern of constitution of crime must be compatible with the emphasis on the balance of prosecution and defense in the criminal procedure model after the transformation in our country.