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从司法实践看,公诉人出庭支持公诉活动中最为薄弱、也最容易出现问题的环节,无疑是法庭答辩。依照笔者的经验,法庭答辩中问题不外乎以下几种情形:一是慢,即反应迟钝,对辩护人核心的辩护观点不能立即领会,从而不能快速做出反应;二是乱,即思维混乱,答辩缺乏逻辑性;三是散,即答辩重点不突出,事无巨细;四是软,即答辩观点不鲜明,辩而无力。上述问题的存在,直接影响公诉人出庭的法律效果,影响指控犯罪的成败。因此,掌握一定的答辩技巧,对不同性质的辩护观点采用不同的答辩策略,无疑是必要的。
From the perspective of judicial practice, the public prosecutor appearing in court to support the prosecution activities of the most vulnerable, but also the most prone to problems, is undoubtedly the court reply. According to the author’s experience, the problems in the court’s defense are nothing more than the following: First, they are slow, that is, they are unresponsive and their defensive views on the defender’s core can not be immediately understood and can not respond quickly. Second, chaos, The reply is lack of logic; the third one is scattered, that is, the emphasis of reply and defense is not prominent and there is no particular size; the fourth is softness, that is, the reply and defense are not clear-cut and debatable. The existence of the above problems directly affects the legal effect of public prosecutors appearing in court and affects the success or failure of the alleged crime. Therefore, it is undoubtedly necessary to master some defensive skills and adopt different defensive tactics to defend different types of opinions.