论人和“刑事诉讼物”之关系——以人本主义视角看《刑事诉讼法》的修订

On Relationship between the Human and the Criminal Procedure Objects

刑事诉讼活动的产生由来已久,但人在刑事诉讼活动中处于怎样的地位、与刑事诉讼活动之间有些什么联系以及如何对待刑事诉讼活动等问题却始终众说纷纭。《刑事诉讼法》的修订实际上是人依据刑事诉讼活动之“物”性进行立法,法赋予人刑事司法权,人使用司法权获得“物质利益”的过程,表明人与刑事诉讼活动之间的关系是一个人用物、享受物、改造物的受益过程。

here have been very different opinions on such issues as the status of the human beings in criminal procedure activities, their contect with these activities and how should the criminal procedure activities be treated. The revision of the Criminal Procedine Law is in fact law-making by the human based on the ＂objects＂ in criminal procedure activities. The law endows the human with criminal jurisdiction and the human obtains ＂material interest＂ through jurisdiction. The relationship between the human and criminal procedure is a benefiting process of using the objects, and enjoying as well as transforming them.