围绕刑诉法修改所发生的激烈争议,乃是观察当下中国立法博弈的一个标本。对“密捕”、“密侦”等条款发出质疑,并且试图通过捍卫律师执业权利进而为人权保护张目的,除了一些法学学者,主要来自律师界。而公权力机关基于“打击犯罪”、“执法便利”的需求,却本能地期望加固乃至扩张侦查、检察等权力资源。公权与私权的进退拉锯,各自边界何在,正是这场立法博弈的焦点所在。 The heated controversy surrounding the revision of the Criminal Procedure Law is a specimen for observing the current game of Chinese legislation. They questioned the clauses of “secret capture” and “secret investigation”, and tried to protect the rights of human rights by defending the rights of practicing lawyers. Except for some legal scholars, they mainly came from the legal profession. However, based on the needs of “cracking down on criminals” and “law enforcement conveniences”, public authorities instinctively hope to reinforce and even expand their power resources for investigation and prosecution. It is the focus of this legislative game where the reentry and the recession of public and private rights seeks their own borders.