刑事法修正中,实体法接连出台修正案,对公共刑事利益总能迅速作出反应的情形与程序法迟迟按兵不动的情形形成鲜明的对照。原因不仅在于实体法强调犯罪化、体现刑罚权、回应民众旺盛的刑法需求,更在于程序法强调制度建设、体现人权保障、限制国家刑罚权的根本所在。前者易而后者难,这正是中国法治步履维艰的体现。 In the revision of the criminal law, substantive law successively issued amendments to the public criminal interests can always respond quickly to the situation and the procedural law has been standing dead in sharp contrast. The reason lies not only in the substantive law emphasizing criminalization, embodying the right of punishment, and responding to the popular criminal law needs, but also because procedural law emphasizes the construction of the system, embodies the protection of human rights and restricts the fundamental rights of the State. The former is easy and the latter is hard. This is precisely the very difficult embodiment of the rule of law in China.