宪法与刑事诉讼法关系新论

A New Discussion about the Relationship between Constitution and Law of Criminal Suit

回顾宪法与刑事诉讼法的关系并进行点评,认为宪法与刑事诉讼法关系的“两点论”强调了宪法的统治性,比较片面并缺乏个性化特征。因而提出在肯定宪法对刑事诉讼法统治性的前提下,提出刑事诉讼法是与宪法关系最为密切的部门法,是宪法权利最基本的保障法的宪法与刑事诉讼法关系新说。

This article reviews and comments on the relationship between constituton and law of criminal suit, holding that the two-point theory emphasizes the domination of constitution and that it is unilateral and lacking in specific character. Therefore the author puts forward a new point about the relationship between constitution and law of criminal suit that on the premise of affirming constitution’s domination over the law of criminal suit, law of criminal suit is a department law closest to constitution, and that law of criminal suit is the most essential security law of constitutional rights.