宪法与刑事诉讼法关系类型分析

An Analysis of the Model of the Relationship between Constitution and Law of Criminal Suit

世界各国宪法与刑事诉讼法的关系各异,总体来看有紧密型和分离型两种关系模式。在每一种关系模式中,由于宪法与刑事诉讼法的具体链接方式上的差异,紧密型关系模式中有一体型和统领型两种类型;分离型关系模式中有分立型和松散型两种类型。宪法与刑事诉讼法关系类型是权力与权利关系的反应。

Different countries have different relationships between constitution and law of criminal suit, but generally speaking, there are two relationship models： close relationship model and separate relationship model. In each of the models, due to the differences in the way in which constitution and law of criminal suit are related, there are incorporate relationship and leading relationship in close relationship model; and there are discrete relationship and loose relationship in separate relationship model. The type of relationship between constitution and law of criminal suit is a reflection of the relationship between power and rights.