论刑事司法规律

On the Trend of Criminal Justice Law Development

规律是支配事物发展过程的自然的、固定的因素。司法是人类社会以法律手段解决社会矛盾的活动。司法规律是司法制度产生和发展的规律,它表明人类司法制度发展需要经历从无到有,从野蛮到文明,从专制到法治的发展过程。刑事司法规律是司法规律在刑事诉讼中的体现,法治社会的刑事司法应当实现公正审判和采用正当程序原则,司法公正是刑事司法的价值,正当程序的一系列原则是司法公正的保障。

Justice and law are the mean to resolve problems of human society. The development of law and justice demonstrates that legal system and justice activities are developing from barbarism to civilization, from rule by law to rule of law. The development of law should be compatible to nature of law. The trend of law and justice is not a straight line, but with some tortuous, however, the destination is the rule of law. Criminal Law and justice implementation should observe some principles, e.g. the presumption of innocence and evidence rules. Different societies have different values and objective and principles of justice and law. To observe the obiective of natural laws is conducive to resolving social conflicts, and maintaining social stabilities.