在法律科学的任何一个领域中,几乎都存在着理念和现实的差异和偏离。甚至可以说,这种差异是必然存在且不可避免的。然而,在日本,刑事诉讼法的现实运用与立法基本精神之间的差距和背离程度却远较其他法律为多,以致日本著名学者平野龙一教授悲观地 In almost every field of legal science, there are almost differences and deviations between ideas and reality. Can even say that this difference is inevitable and inevitable. However, in Japan, the actual application of the Criminal Procedure Law and the basic spirit of the legislative gap and deviations are far more than other laws, so that a famous Japanese scholar Professor Ping Nobuo pessimistic