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被宪法确认和采纳后的正当程序原则,对刑事程序的正当化影响深远,形成了庞大的宪法刑事程序法体系,会对刑事程序中的公民权利保障发挥重要作用。我国刑事正当程序宪法化可采取以宪法修正案的形式明确“正当程序”原则,使刑事被追诉人程序权利宪法化,建立宪法权利救济机制,真正保障公民刑事正当程序权利。
The principle of due process affirmed and adopted by the Constitution has a far-reaching impact on the legitimization of criminal procedure and has formed a huge system of constitutional criminal procedural law that will play an important role in safeguarding civil rights in criminal proceedings. The constitutionalization of criminal due process in our country can adopt the principle of “due process” clearly in the form of constitutional amendment, make the procedural rights of criminal prosecutors constitutionalized, establish the remedy mechanism of constitutional rights, and truly guarantee the rights of citizens’ criminal due process.