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在我国经济社会不断向前发展的趋势下,我国法制建设也日益推进。文章针对我国现行刑事诉讼回避制度立法存在的不足,指出回避理由不够明确、利害关系界定模糊、举证责任的规定不足这三个方面是其主要存在的问题,文章对此展开了详细的论述与探讨。在此基础上结合我国社会发展的现实情况,提出了回避制度的发展的建议,认为:“近亲属”界定应扩大,对回避情形应尽量量化,变革侦查人员、检察人员的刑事回避制度是完善我国回避制度的有力举措。
Under the trend of constant economic and social development in our country, the legal system construction in our country is also progressing day by day. According to the shortcomings of current legislation on the system of avoidance of criminal procedure in our country, the article points out that there are three main problems in the three aspects: the reason of avoidance is not clear, the definition of interest is not clear, and the burden of proof is insufficient. The article discusses and discusses in detail . On this basis, combined with the reality of social development in our country, I put forward some suggestions to avoid the development of the system. We think that the definition of “kinship” should be expanded, the avoidance situation should be quantified as much as possible, and the criminal evasion system of investigators and prosecutors should be changed. It is a powerful measure to improve our evasion system.