刑事诉讼价值的理性分析

Rational Analysis of the Value of Criminal Action

刑事诉讼价值应该用过程价值和结果价值之说代替传统的内在价值与外在价值用语。同样 ,不能把审判程序和审判结果说成是程序与实体的关系 ,那种认为审判程序的价值是内在价值 ,审判结果体现外在价值 ,也是不准确的。从本质上看 ,刑事诉讼法也可看成实体法 ,即解决实体问题的规则。如果从内容上看 ,刑法里面也含有若干程序规范。程序是实体的程序 ,实体是程序的实体 ,不能分开 ,更不应对立。要使程序价值观理论上有新的进展 ,必须在方法上选择最佳方式 ,才能克服许多难以克服的矛盾 ,充分认识程序的优秀品格 。

The terms of the traditional internal value and external value should be replaced by those of the process value and the result value. What's more, he points out that the relation of the judicial process and the judicial result isn't that of the procedure and the substance. It also isn't correct that they think the value of the judicial process is the internal value and the judicial result embodies the external one. In essence, the criminal procedure law can be looked as the substantive law,which is the rules used to solve the substantive problems. From the view of content, it exsists some procedural value in the criminal law. The procedure is the substantive procedure while the substance is the procedural substance. They shouldn't be divided or against. In order to make new development of the procedural value, we must choose the best way, in which we can break down much contradiction hard to overcome, understand the splendid character and morals of the procedure and elaborate the superiority of the procedure.