我国刑事诉讼法典编纂的历史智慧

The Historical Wisdom of the Codification of China's Criminal Procedure Code

我国古代虽无专门的刑事诉讼法典,但法典编纂的历史智慧依旧博大精深。自周代区分狱、讼开始,有关刑事诉讼的立法愈发精进,其重要成果分布于各个历史时期具有代表性的法典当中。在体例上,立法者以高超的“提取公因式”技术实现了总则制定,以精妙的编纂技巧完成了由繁至简的体系化过程;在理论上,以德立法的文化熏陶出兼顾情理,以矜恤弱势群体、依法断罪、宽严相济为代表的诉讼原则;在制度上,典范性的规定贯穿于诉讼程序的起诉、举证以及审理阶段,发展出了颇为完备的诉讼制度。当前,法典编纂已成为重要的时代命题,推动刑事诉讼法的法典化,一方面应吸收借鉴中国古代法制中优秀的法律传统与诉讼规律,另一方面需兼容解决现实问题以保证立法的前瞻性。

Although there was no special criminal procedure code in ancient China,the historical wisdom of code codification is still extensive and profound.Since the Zhou Dynasty,when the distinction has been made between prisons and lawsuits,the legislation related to criminal procedure has become more sophisticated,and its important achievements are representative in various historical periods.In terms of style,legislators used superb extracting common factorstechnology to formulate general principles,and used exquisite compilation skills to complete the systematization process from complexity to simplicity;in theory,legislation based on morality culture has cultivated litigation principles that take into account both sense and reason,and are represented by sympathy for the disadvantaged,convicting crimes in accordance with the law,and balancing leniency with severity;in system,exemplary regulations developed throughout the prosecution,evidence and trial stages of the litigation process,a more complete litigation system was graduallydeveloped.At present,code codification has become an important proposition of the times.To promote the codification of criminal procedure law,on the one hand,we should absorb and learn from the excellent legal traditions and litigation rules in the ancient Chinese legal system.On the other hand,we need to solve practical problems in a compatible way to ensure that legislation is forward-looking.