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根据刑诉法及新修订的律师法的规定,应当分析侦查、审查起诉、审判阶段控辩双方的职能作用及对抗程度,在保障人权的同时,保证诉讼活动顺利进行,以诉讼阶段为分界点,建立阶段性证据开示制度,以实现控辩双方利益平衡。阶段性证据开示制度要求在侦查阶段向犯罪嫌疑人及其辩护人提供犯罪嫌疑人以外的非言词证据信息,审查起诉阶段保障律师阅卷权,开庭审理前控辩双方全面获取与案件有关的信息,并有机会充分发表意见。
According to the provisions of the Criminal Procedure Law and the newly revised Law on Solicitors, the functions and the degree of confrontation between prosecutors and prosecutors in the prosecution and trial phases should be investigated and prosecuted. When the protection of human rights is guaranteed, litigation activities should be carried out smoothly with the litigation stage as the dividing point , Establish a stage of evidence discovery system in order to achieve the balance of interests of both prosecution and defense. Phased evidence discovery system requires criminal suspects and their defenders to provide non-verbal evidence beyond the suspect during the investigation stage and to review the prosecution phase to protect lawyers’ right of reading. Before the trial, the prosecutors and defense parties have full access to the information relevant to the case, And have the opportunity to fully express their views.