论构建我国刑事诉讼的正当法律程序体系

On the Establishment of Due Process of Law in Chinese Criminal Lawsuit

论述了正当法律程序在刑事司法中的重要意义,阐述了正当法律程序的起源、内容、它在联合国和刑事司法准则中的体现。指出中国法律中没有包含的正当法律程序的因素,并就这些因素与联合国有关规定进行了比较研究,提出了确立中国正当程序体系的想法,论证了其重要性,并就此提出了确立中国正当法律程序各项内容的具体建议。

This paper describes the importance of due process of law in criminal justice, explores its origin, contents, and its requirements contained in the UN human rights and criminal justice standards. The author points out that there are some principles in (China's) law similar to the requirements of due process of law in foreign countries, although there is no such term as due process of law in China's law. Then, the author makes a comparative study on the principles in China's law and the UN documents in human rights and criminal justice; suggests that China should incorporate the fundamental principle of due process of law and establish a set of requirements concerned.