刑事诉讼法再修订过程中面临的几个选择

刑事诉讼法再修订过程中,应当在整体上注意把握几个重要问题的选择,这些问题是:当事人主义与职权主义两种诉讼模式的选择;法治理想主义与现实主义的选择;刑事诉讼现代化与维护现行宪法体制的选择;犯罪控制与人权保障的选择;正当程序与司法资源优化配置的选择。

Several Choices in the Re - revising of Criminal Procedural Law

On Several Choices in Re-Amendment of Criminal Procedure LawGeneral Speaking, Several important points should be paid more attention in re-amendment of Criminal Procedure Law. They are: the choice of two models relating to the structure of criminal procedure, the choice of two principles-ideality and reality of rule by law, the choice of modernization of criminal procedure and its constitutional basis, the choice of crime control and the protection of human rights, and the choice of due process and the maximum usage of judicial resource.