刑事诉讼程序法律责任论

刑事诉讼法是规范刑事诉讼活动的法律规范总和。刑事诉讼目的的实现仰赖于国家司法机关和刑事诉讼当事人、诉讼参与人对刑事诉讼程序规范的遵守。目前我国刑事诉讼程序违法现象较为严重,其原因除了“重实体、轻程序”的传统外,刑事诉讼程序法律责任制度的缺失也是重要的原因。刑事诉讼程序法律责任的存在有其正当的哲学根据、宪法根据、逻辑根据及现实基础。我国必须确立以程序性法律后果为主体的刑事程序法律责任基础,以司法审查和程序裁判为责任实现途径的刑事诉讼程序保障机制。

On Criminal Procedural Legal Liability

Criminal procedure law is the summation of the laws involved in criminal litigation. The realization of criminal litigation's objective was relied on the judicial agency, litigant and participant's obedience with all of the criminal procedural norms. The criminal procedural norms are violated seriously in our country, except the tradition of "attach importance to substantive, no to procedure", the absence of the criminal procedural legal liability also is an important reason for it. It made the criminal procedural norms illusion for being without sanctions of legal liability. There are justified basis on philosophical, constitutional, logical and practical for the existence of criminal procedure legal liability. A safeguard for criminal procedure based on procedural legal liability as the main body of legal liability, judicial review and judicial judgment as the realize approach of legal liability should be established.