冲突与竞合:刑事诉讼的模式分析——读帕克教授的《刑事制裁的界限》

Conflict and Cooperation:An Analysis of the Mode of Criminal Procedure——A Review of Professor Packer's “The Limits of the Criminal Sanction”

近年来,随着司法改革的推进,学界和实务界开始重新审视刑事诉讼理论。但学界与实务界的分析思路或多或少地有些滞后,即将刑事诉讼视为单一价值观支配下的有机整体,而忽略其中的冲突与竞合。

With the promotion of China＇ s judicial reform, both scholars and practitioners have begun to re - examine the theory of criminal procedure in recent years. However, the thoughts of analysis of scholars and practitioners is more -or- less lagging behind, that is regarding criminal procedure as an organic whole under the control of single value while ignoring the conflict and cooperation. The purpose of this paper is to clarify and analyze the book ＂The Limits of the Criminal Sanction＂ by Herbert L. Packer, and explain the prevailing conflict and cooperation in contemporary criminal procedure as well as paying tribute to the author, to provide enlightenment to the research on contemporary China＇ s criminal procedure.