对我国比较刑诉法研究的检视与反思

比较刑诉法研究对中国现代刑事诉讼理论以及立法起了积极的推动作用,但通过对相关研究历史的考察发现,其存在的问题也不容忽视,虽已有学者进行了一定程度的反思,并提出范式转型来以期解决,但并没有对比较刑诉法研究本身加以诊治。我们需要从研究主体的精英化,研究对象的全球化、全面化,研究方法的多样化、合理化这三个方面着手努力,才能给中国未来刑事诉讼的发展注入新的"一泉活水"。

The Examination and Introspection on the Comparative Study of Criminal Procedure Law in China

Comparative study of criminal procedure law has positively promoted both the modern Chinese criminal procedural theories and the legislations. However, through examining the history of comparative study of criminal procedure in China, there do exist some problems which can not be ignored. Even some scholars have had introspections in some extent and proposed the Paradigm Shift as the solution to those problems while not curing the comparative study itself. Those who devote themselves into the true comparative study should reach a consensus on three aspects,the expertisation of researchers,the globalization and comprehension of the research subjects and the diversification of research methods. Only by doing this can some fresh light be thrown on the future of the Chinese comparative study of criminal procedure.