我国刑事诉讼中程序性裁判机制的构建

On the Establishing of Procedural Trial and Judgement System in Criminal Procedure

刑事诉讼程序具有自身的独立价值,是实现程序正义和实体正义的规则体系,但如果没有程序性裁判机制作保障,一切程序规则都难以得到切实遵循,形同虚设。在我国刑事诉讼中,构建程序性裁判规则有其,现实必要性;而在比较分析中国与西方国家程序性裁判的特点后,不难发现我国程序性裁判机制离诉讼法治的要求还有相当的距离,还需要进一步完善和发展。

Criminal procedure has its independent value,it is a rule system which could be used to realize procedural justice and substantial justice.But if there were no the safeguard of procedural trial and judgement system,all procedural rules would hardly be abided by really,and would exist in name only.It is of actual necessity to establish procedural trial and judegment system in our state.Compraing the procedural trial and judgement between western states and China.It is easy to see that It is still a considerable distance between procedural trial and judgement system and requirements of the rule of litigation law,So it still needs further improve and develop.