我国现行的刑法和刑事诉讼法离法治的要求还有一定的距离,更重要的是执法人员的观念离法治的要求更远,这就要求我们从立法和司法两个层面改进,切实保障当事人的基本权益,在刑事司法领域实现法治。 There is still a long way to go before the current Criminal Law and Criminal Procedure Law governed the rule of law. More importantly, the concept of law enforcement officials is far from the demand of the rule of law. This requires that we improve and protect the parties from the legislative and judicial levels The basic rights and interests, the realization of the rule of law in the field of criminal justice.