| 摘要: |
| 刑事诉讼是法治社会重要的诉讼方式,也是国家社会治理的重要组成部分。在刑事诉讼中,应当坚持程序性法治思维。刑事诉讼程序性法治思维的养成不仅体现在刑事司法中,也体现在刑事诉讼立法和刑事执法中。刑事诉讼立法者培养程序性法治思维需要以法学知识、逻辑思维以及包容性思想作为支撑。刑事司法者培养程序性法治思维需要以法律自觉性、独立性以及中立性为内容。刑事执法者培养程序性法治思维需要以文明性与追责性为内容。只有立法、司法、执法各环节的参与者都养成程序性法治思维,才能保障刑事诉讼的顺利进行,才能推进刑事法治的快速发展。 |
| 关键词: 法治思维 刑事诉讼 程序性法治思维 |
| DOI：10.13216/j.cnki.upcjess.2017.03.0010 |
| 分类号:D920.0;D925.2 |
| 基金项目:国家社会科学基金项目(12XFX015);重庆市法学会研究课题(社科联委托课题)(2016FXZX09);西南政法大学学生科研创新项目博士生项目(2016XZXS-002);内蒙古科技大学科研创新基金项目(2016QDW-S06) |
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| Study on Procedural Thought of Rule of Law in Criminal Proceeding |
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SUN Mingze
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(1.School of Law, Southwest University of Political Science and Law, Chongqing 401120, China;2.School of Law and Civil Engineering, Inner Mongolia University of Science and Technology, Baotou, Inner Mongolia 014010, China)
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| Abstract: |
| Criminal litigation is an important form of action in the society ruled by law and an important part of national social governance. In criminal proceedings, we should adhere to procedural thought of rule of law. The development of procedural thought of rule of law in criminal procedure is not only reflected in the criminal justice, but also in the criminal procedure legislation and criminal law enforcement. It is necessary for criminal legislators to foster procedural thought of rule of law with the support of legal knowledge, logical thinking and inclusive thinking. For criminal justice, training procedural rule of law thinking needs to be based on legal consciousness, independence and neutrality. Criminal law enforcers should take civilization and accountability as the content to cultivate procedural thought of rule of law. Only when the participants in the legislation, justice and law enforcement foster procedural thought of rule of law, can the criminal procedure proceed smoothly and the criminal rule of law develop rapidly. |
| Key words: thought of rule of law criminal procedure procedural thought of rule of law |
