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“通过正义的途径运输正义”是现代刑事诉讼的终极价值,而“保障人权”“、司法公正”则是现代刑事诉讼法制的两大基点。尤其是对于死刑——这一“以国家名义合法杀人”的最高刑罚,究竟应该设计怎样的程序正义,以避免错杀、冤杀等悲剧,这既是近年来司法改革的一大主攻点,亦是屡屡引发坊间争议的一大敏感源。目前,刑事诉讼法的修改已提上议事日程,死刑案件诉讼程序、死刑制度改革等等,亦随之成为法学界、司法界日益升温的重大议题。
“Justice through the means of transport ” is the ultimate value of modern criminal proceedings, and “safeguarding human rights ”, “justice ” is the two basic points of the modern criminal procedure law. In particular, what is the procedural justice that should be devised in order to avoid the tragedy of mistreatment, unjust assassination? This is not only the main thrust of judicial reform in recent years, but also the death penalty - the highest sentence of “lawful killing by state” It is also a source of great controversy that frequently sparks controversy among the public. At present, the revision of the Criminal Procedure Law has been put on the agenda, the death penalty case proceedings, the death penalty system reform, etc., will also become the legal science community, the judiciary is heating a major issue.