刑事诉讼法应该保护谁——对《刑事诉讼法》第一条的评析

Who Are to be Protected by Criminal Procedure Law——Evaluation and Analysis of Criminal Procedure Law(Article Ⅰ)

我国现行《刑事诉讼法》第1条对立法目的的规定存在诸多问题,特别是"保护人民"的规定体现出了浓厚的政治色彩。过去的规定有其特定的原因和时代背景,但现行立法继续规定"保护人民",不仅不符合当今时代特征,而且不符合语言和逻辑规律。这样的规定违背了刑事诉讼法的目的、任务和基本原则,甚至有违宪之嫌。如果继续保留这样的规定,刑事诉讼法面临沦为掌权者工具的危险。因此,舍弃"保护人民"的表述并加入"保障人权"的内容,是刑事诉讼改革发展的必然要求。法制的进步和对刑事诉讼理念认识的深入为这种改革提供了现实依据和理论支持,而学者的积极呼吁会为这样的修改提供直接的动力。

There are many problems with Article Ⅰ of Criminal Procedure Law of the People's Republic of China. In particular, though it used to work in specifi c contexts, such regulation as that legislation is to protect the people is no longer practical nowadays, neither is accountable in terms of semantics and logics. Moreover, it violates the objectives, tasks and principles illustrated in the criminal procedure law, and is even at the risk of going against the Constitution. If it remains unremedied, the Criminal Procedure Law would reduce to be the toy of the power-holders. Therefore, reform and development of the criminal procedure inevitably require that this expression should be replaced by that of protecting the human rights. Such is underlain by the fact that legal construction is advancing, and, theoretically, concepts of criminal procedure is being furthered. In addition, scholars working in this fi eld shall take more active action to help facilitate the cause.