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程序自治不仅是一种刑事诉讼程序的指导性理念,也是一种制度安排,以构建程序的自治性为核心,需要有一套成体系的制度加以配合。中国刑事诉讼虽然在总体上已具备了程序自治的雏形,但具体制度上仍有待完善,不能按照自治性的逻辑来运作,阻碍了刑事诉讼制度改革的前行。我们需要在程序自治的理念中反思我国的刑事诉讼制度与实践,进而从程序自身和外部体制的改革迈向程序自治。
Procedural autonomy is not only an instructional concept of criminal procedure, but also an institutional arrangement. With the autonomy of the procedure as the core, a system of adult systems needs to be co-ordinated. Although China’s criminal procedure generally has the embryonic form of procedural autonomy, the specific system still needs to be improved and can not operate according to the logic of autonomy, which hinders the reform of the criminal procedure system. We need to reflect on the system and practice of criminal procedure in our country in the concept of procedural autonomy and proceed from procedural reform and external system reform to procedural autonomy.