刑事程序合法性原则论纲

刑事程序合法性原则是宪法性原则在刑事诉讼法上的直接体现。该原则经历了从形式到实质的历史演变过程 ,其宪法根基在两大法系分别为正当程序原则与法律保留原则。该原则在我国司法实践中问题重重 ,需要明晰其适用范围及其例外 ,并分析与其相关的司法审查原则、比例原则的关系。

One the Principle of Criminal Procedural Legality

The principle of procedural legality is the direct representation of the constitutional principle in criminal procedural law. Its name and connotations are defined in this paper. This principle, which is based constitutionally on two legal systems: the due process principle and the legality principle, has evolved from the formal level to the substantial level. There are many problems in the judicial practice caused by the application of this principle. Therefore, it is necessary to clarify its scope and exceptions, and analyze its relationships with the judicial review principle and the proportion principle.