摘要
试将刑事程序正义本源性思考的理论触觉伸向具有终极意义的人性问题,对刑事程序正义性基础进行实证分析、理论分析以及人性伦理、哲学、政治和经济学分析,得出有悖人性的刑事程序不仅难以得到实施,而且有损法的尊严的结论。
The origin of the criminal procedural justice was discussed. The basis of the criminal procedural justice was studied by empirical analysis, theoretical analysis, and the analysis on human ethics, philosophy, politics and economy. It is concluded that, criminal procedure, which is contrary to human nature, is not only difficult to be executed, but also detrimental the dignity of the law.
关键词
人性
正义
刑事程序
human nature
justice
criminal procedure