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当下中国的宪法超脱于刑事诉讼法之上,刑事诉讼法游离于宪法之外,两者之间呈现一种割裂的态势。然而,在割裂的大背景下,“宪政—富强”成为统摄宪法与刑事诉讼法的价值理念,为中心工作服务成为宪法与刑事诉讼法融合的连接点,以为中心工作服务为取向的中国式司法能动主义成为宪法与刑事诉讼法融合的关键因素,二者在这样一个背景下实现了“割裂下的融合”。
At present, China’s constitution is detached from the Criminal Procedure Law and the Criminal Procedure Law is free from the constitution, showing a fragmented situation between the two. However, under the background of fragmentation, “constitutionalism - prosperity ” has become the concept of values that govern the Constitution and the Code of Criminal Procedure and serves the center as the connecting point between the Constitution and the Code of Criminal Procedure, taking China as the center of service Formal judicial activism has become the key factor in the integration of the Constitution and the Criminal Procedure Law, and both have realized the “fusion under the fragmentation” in such a context.