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刑事辩护制度理想化状态的实现受制于整个刑事诉讼结构以及在该结构中其他制度的完善与否。从刑事诉讼的目的看,理想化的刑事辩护制度要求在刑事诉讼结构中辩方与控方处于平等的地位,享有对等的诉讼权利,相当的诉讼机会,充分陈述自己的辩护意见,并能够为举证支持自己的辩护意见作准备,以保障犯罪嫌疑人、被告人的诉讼权利不受非法侵犯。但我国现行的司法体制存在着公、检、法三者关系设置不科学等问题,影响了刑事辩护制度理想化状态的实现。
The realization of the ideal state of the criminal defense system is governed by the whole structure of criminal procedure and the perfection of other systems in this structure. From the perspective of criminal proceedings, the idealized criminal defense system requires that the defense and the prosecution should be on an equal footing in the structure of criminal proceedings, that they should have equal litigation rights and considerable litigation opportunities, be fully able to state their own defense opinions and be able to In order to provide evidence in support of their defense opinions in preparation for the protection of criminal suspects and defendants’ right to action from unlawful infringement. However, the current judicial system in our country has such problems as the unscientific setting of the relations among the public, the prosecutors and the law, which has affected the realization of the idealized state of the criminal defense system.