RESEARCH ON THE DEVELOPMENT OF CHINESE CRIMINAL PROCEDURE LAW IN THE PAST FOUR DECADES

中国刑事诉讼法四十年发展研究

Four decades had elapsed since the first Criminal Procedure Law was enacted in China.During the past forty years,Chinese Criminal Procedure Law went through several rounds of revisions.This paper examines Chinas criminal procedure law reforms from a historical perspective.By looking back to the amendments to the Criminal Procedure Law,this paper analyzes the backgrounds and specific reasons why each amendment to the Criminal Procedure Law carries different characteristics.The first amendment was idealistic because it was dominated by legal scholars and primarily based on comparative study.In contrast,the subsequent amendment became more pragmatic because it was conducted by legal professionals and has drawn lessons from the first-round reform and utilized empirical study and pilot projects in the legislative process.

中国颁布第一部刑事诉讼法典已逾四十载,其间经历了数次修订。本文尝试从历史视角探讨中国的刑事诉讼改革,通过回顾刑事诉讼法修改,分析每一轮改革的背景并探讨其各具特色的深层原因。刑诉法首次修改过于理想主义,其原因在于这次改革是由学者主导且主要是在比较法研究基础上进行的法律移植。相比之下,随后的刑诉法修改更为务实,因为它是由法律从业人员主导的改革,并且吸取了第一轮刑诉法修改的教训,在立法过程中采用了实证研究和试点项目。