作为一个偶然地区性事件的正当程序革命

沃伦1953年被任命为美国联邦最高法院大法官是一个普通的政治任命。正当程序革命是一个意外进入的时代。沃伦法院成员都是普通公民,而绝非圣贤。在美国深深的卷入越战的大背景下,美国国内兴起了浩大的民权运动。沃伦法院在刑事领域的正当程序革命和当时的时势互相借力,将六十年代演化为一个革命时代。中国刑事诉讼改革以正当程序革命为精神激励,圣化沃伦革命,意在矫枉过正,但可能带来逆向的反弹。

Due Process Revolution as an Occasional Locality Accident

In 1953,Earl Warren was appointed the Justice of the US Federal Supreme Court,this was a common appointment.And the Due Process Revolution was brought forth occasionally.The members of the Warren Court were not saints but common citizens.Against the background of U.S.'s deep involvement in Vietnam War,a great civil rights movement arose in the United States.The Warren Court's Due Process Revolution in criminal law and policy interacted with its environments of that time and made the 1960s a revolutionary era.The reformation of Chinese criminal litigation regards the Due Process Revolution as its spiritual incentive and sanctifies the Warren Revolution aims at hypercorrectness.However, it might bring unexpected rebounds at the same time.