实体真实主义与程序正义保障

Thinking High of Finding Truth and the Realism of the Procedural Justice

我国刑事诉讼法存在着“重实体,轻程序”和“重结果,轻过程”的问题。其原因主要是立法者及法律的实施者的实体真实主义诉讼观念。中国刑事诉讼法立法需要改变将实体真实绝对化的诉讼观念,应当重视程序法和程序正以适应建设法治国家的需要。

There exists the problem of ＂substantiality overweighing process＂ or ＂Result overweighing process＂ in Chinese Criminal Procedure Law. The cause is that the legislative officers and the executors of the law have a strong desire of finding truth of criminal cases. We should pay much more attention to procedural law and procedural justice in order to fit in with the needs of building a country under rule of law. For this, We need to realize that the aim of finding truth in Criminal Procedure is not an absolute object.