论文部分内容阅读
1997年我国刑事诉讼法的修改并未实现立法者的初衷,改革的成效有限。导致这一问题的核心原因,在于我国刑事诉讼存在严重的行政化倾向,以致于偏离了诉讼的本来面目,成为行政性的治罪程序。中国古代社会司法与行政不分的传统与建国后的刑事诉讼行政化问题,由于社会历史条件的差异,其原因虽各有不同,但共通之处在于始终将刑事诉讼视为一种工具,而忽视了其固有的司法程序的特性。在刑事诉讼法再次面临修改之际,应当充分重视刑事诉讼行政化这一问题,恢复刑事诉讼的程序司法特征。
In 1997, the revision of China’s Criminal Procedure Law did not realize the original intention of legislators, and the effectiveness of reform was limited. The core reason leading to this problem lies in the fact that the criminal proceedings in our country have a serious administrative tendency, so that they deviate from the true nature of the lawsuit and become an administrative criminal procedure. The traditional system of judicial and administrative divisions in ancient China and the administrative process of criminal procedure after the founding of the People’s Republic of China are different because of differences in social and historical conditions. However, the common ground is that criminal procedure is always regarded as a tool, Ignore the inherent characteristics of the judicial process. When the criminal procedure law is faced with the revision again, we should give full attention to the issue of the administrativeization of criminal proceedings and restore the judicial features of the procedure of criminal procedure.