进退维谷的刑事诉讼制度及其困境超越

刑事诉讼制度保障人权与控制犯罪的两个目标之间的冲突难以化解,由此引发了公正与效率的矛盾,进而使我国刑事诉讼制度陷入进退维谷的困境。西方国家的经验表明,"不同的案件适用不同的程序"也许能使诉讼制度摆脱僵局,而这正是我国所缺乏的。

On the Dilemma of Criminal Procedure System and its Breakthrough

It is difficult to conciliate the conflict between the two goals of human rights safeguard and crime control in the criminal procedure system. This conflict induces a contradiction between justice and efficiency and thus the criminal procedure system in China is plunged into a dilemma. The experiences of western countries indicate that the idea that "different procedures apply to different cases" may contribute to the breakthrough of such a dilemma, which is something lacking in China.