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刑法运作的内容涉及刑法适用的过程,司法机关及其结构状况、参与刑事诉讼对定罪量刑有影响的技术人员、和案件有密切关系的诉讼参与人,刑法实施的外部环境和国家权力的干预程度等方面。同样,效率和公正是刑法运作追求的重要目标,二者可能统一也可能出现矛盾,但是刑法运作要力争二者兼顾。
The contents of the operation of criminal law include the process of application of criminal law, the status of the judiciary and its structure, the number of technicians involved in the criminal proceedings affecting the conviction and sentencing, the participants in litigation closely related to the case, the external environment in which the criminal law is implemented and the extent of state power intervention etc. Similarly, efficiency and fairness are the important goals pursued by criminal law operations. The two may be unified or contradictory. However, the operation of criminal law should strive for both.