刑事诉讼法与刑法关系的再思考——以“价值分析”为视角

刑事诉讼法与刑法的关系即诉讼法与实体法的关系,一直是学界热议的话题。刑事诉讼法除了作为实现刑法目的的工具以外具有独立的价值,但在司法实务界未受到应有的重视。刑事诉讼法对于刑法的独立价值的揭示和澄清,有助于我们在观念上重视程序,实现程序正义和实质正义的统一。

The Reconsideration About the Relationship Between the Criminal Procedural Law and Criminal Law-From the Viewpoint of"Value Analysis"

The relationship between the Criminal Procedural Law and Criminal Law is just the one between the procedural law and substantive law is a very hot topic all the time.Apart from the role of being the instrument of realizing the aim of the Criminal Law,the Criminal Procedural Law has its own independence value,which is always not taken seriously,even neglected by the judicial circles.The revelation and clarification of the independence of the Criminal Law by the Criminal Procedural Law can make for the recogn...