人权保障目的优先论

诉讼以解决争议为目的,当事人在诉讼中具有平等的地位,诉讼的结果具有正义性和强制性;现代刑事诉讼的控方多由国家公诉机关充当,被告人的对抗力量得到了进一步加强,保障被告人权已经成为刑事判决的正当性的依据.诉讼以及现代刑事诉讼的这些本质特征决定了现代刑事诉讼应兼顾实现打击犯罪与保障人权两大目的,在二者发生冲突时,人权保障具有优先性的地位.

On the Priority of the Aim of Guaranteeing Human Right

The aim of lawsuit is resolving dispute,all parties in the lawsuit are equal,the end of lawsuit should be justice and mandatory.In the modern criminal lawsuit,the charger is always public prosecutor of the country,the antagonistic strength of the criminal suspect has changed stranger.Guaranteeing human rights of the criminal suspect has been the foundation of the justice of criminal judgments.The nature of lawsuit and modern criminal lawsuit has decided that the modern criminal lawsuit should give consideration to both hitting crime and guaranteeing human rights of the criminal suspect.But when the two aims occur conflict,guaranteeing human rights of the criminal suspect should have priority.