1. The right of final statement is an important litigation right enjoyed by criminal defendants in court. Its theoretical basis mainly lies in the legislation's special attention to the weak position of criminal defendants and the embodiment of the principle of words.
2. The setting of the final statement procedure is helpful for the judge to better discover the truth of the case, but also highlights the respect for the defendant's personality and has a special educational function for the audience. In nature, the right of final statement is mainly the right of defense, and it is also reflected as a right of emotional catharsis.
3. In the process of criminal trial, the normal operation of the litigation mechanism is inseparable from the relative balance between the prosecution and the defense, especially in today's transformation of China's criminal litigation mechanism. Because the relative balance of power is the premise of confrontation.
4. However, as we all know, prosecutors and defendants who participate in litigation on behalf of the state have serious congenital inequality in their ability to participate in litigation. Some people vividly describe criminal proceedings as a war waged by prosecutors on behalf of a powerful country against a weak defendant. The prosecution holds the state coercive power and can implement various coercive measures, while the defendant seems to be only the object of coercion.
Therefore, countries have to adopt legislative strategies to balance the litigation status of both the prosecution and the defense. One of the most important strategies is to give the defendant a series of special procedural guarantees or privileges, so that he can gradually approach or catch up with his prosecutor's "opponent" in terms of participation ability and litigation status, and make the prosecution and the defense form a confrontational trend.