略论刑事诉讼法的渊源单一性

On the Single-origin of Criminal Procedure Law

从立法的角度看 ,刑事诉讼法属于基本法 ,只能以法律为渊源。刑事诉讼的基本原理也要求刑事诉讼法仅以法律为其渊源。法律实务情况表明 :刑事诉讼法的渊源单一性可以克服多元化带来的弊端。因而 ,刑事诉讼法的渊源应该具有单一性。

Because the criminal procedure law belongs to basic laws, its single origin is law according to the theory of legislation. The basic principles of criminal procedure law also requires that its form should be law only. And judicial practice shows that the singleness of the origin of criminal procedure law can get rid of many shortcomings brought about by pluralism. For these reasons, the origin of the criminal procedure law should be single.