论程序法定原则对司法改革试点的保障和限制——以速裁程序改革试点为例

The Principle of Procedure Under Law Protects and Limits the Pilot of the Judicial Reform:A Case Study of the Pilot Program of Fast-Track Sentencing Procedure for Criminal Cases

司法改革试点是在突破既定法律规定,以试点为手段的推行体制或机制创新。改革试点要"依法"进行是程序法定原则的内在逻辑要求,以使司法改革试点能够涵盖形式合法性与实质合法性在内的整个合法性秩序。速裁试点程序作为司法领域首例"试验性"立法,通过全国人大常务委员会授权决定的方式很好地解决了地方自主创新与试点合法性的矛盾。但是"试点"模式在实践中还不够完善,仍然存在许多问题,需要进行不断的修改与完善。

Judicial reform pilot program, which has broken established legal provisions, is an institutional innovation or the test of mechanism by means oPpilot,？. Judicial reform pilot program should be carried out according to law so that it could cover the content of legality and legitimacy ？ which is the inherent logical corollary of the principle of procedure under law. We have solved the conflicts between local innovation and legitimacy in the practice of pilot program through authorization on their operations by the Standing Committee of the National People？s Congress, which is the first ^test,？ in the judicial field legislation However there are still a lot of problems that need to be improved.