Criminal Prosecution And The Defense Balance

During the whole criminal suit, an accuser-defendant balance is reached when the opposing accuser and defendant have comparable ability of confronting each other. As a result, the fact and law determine the consequence of the lawsuit rather than other factors.The connotation of the accuser-defendant balance includes three points. Firstly, both sides have the equal law status without any priority for one side over the other. Both are equal before the judge and relate equally with the judge. Secondly, both sides have equal or comparable rights and liabilities, which means that their rights and liabilities are completely same or peer to peer. Lastly, both sides have equivalent competing abilities to accuse and defend. The defendant must have the relevant defending ability to each kind of accusing ability owned by the accuser.The values of the accuser-defendant balance are elucidated with at least the following four items. Firstly, it is helpful to find the truth. The higher the extent of the balance is, the more violent the rivalry is. Consequently, the fact of the whole case will be totally presented to the judge so as to make it easier for the judge to discover the truth. Secondly, it is able to stand on one's dignity. The dignity protection is not for only special few people, but for all the people in the society since everyone may involve a criminal suit. Thirdly, it presents the equity of the procedure. The accuser-defendant balance can fully display participation, neutrality, equity, rationality, autonomy, timing, and finality of the procedure. Fourthly, it efficiently prevents illegal encroachment to the individual from the state. The objective of seeking the balance is to combine punishing criminal and protecting human rights with a comprehensive effect on both sides.There are two reasons that result in the unbalance: the state departmentalism and congenital deficiency of the defending ability. The former blindly emphasize the function of punishing criminals in the legislation of criminal suit and judiciary practice, but neglect or even oppose the function of protecting the human rights. The latter is due to the unbalanced confrontation between the individual defendant and the state power, obvious deficiency of collecting evidence. Also, the defendant's statement can be used as important evidence of supporting the accuser; criminal suit...