刑事诉讼及刑事诉讼法目的要旨

The Main Purposes of Criminal Proceedings and Criminal Procedure Law

刑事诉讼与刑事诉讼法,目的不尽相同,各有侧重。刑事诉讼,旨在发现真相并将罪犯绳之以法;刑事诉讼法,则旨在减少错案并维护个人尊严。法治文明国家必然珍重刑事诉讼法,只有珍重刑事诉讼法,才能少出错案并维护个人尊严。在刑事诉讼中必须查明案件的真相。所谓案件的真相,就是真实。刑事法是关于犯罪与刑罚的法律,直接关系到个人的权利和人的尊严,因此刑事法要求以真实为根据解决案件。刑事诉讼法的目的是确保在遵循程序规则并保障人的尊严与自治的前提下寻求犯罪真相。

Criminal proceedings and criminal procedure law have different purposes,with each of them having their or its own emphases.The purpose of criminal proceedings is to discover the truth and bring criminals to justice,whereas the purpose of criminal procedure law is to reduce miscarriage of justice and uphold the dignity of individuals.All civilized countries under the rule of law attach importance to criminal procedure law,so as to reduce miscarriage of justice and uphold the dignity of individuals.In criminal proceedings,the court must ascertain the fact of the case,namely,the truth.The criminal law is the law about crimes and punishments.As such,it has a direct impact on the rights and the dignity of individuals and therefore requires the court to take truth as the basis in the handling of cases.However,the purpose of criminal procedure law is to ensure that the seeking for the criminal facts is conducted under the precondition of following the rules of procedure and safeguarding individual dignity and autonomy.