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宪政是人类政治智慧发明中最有利于保证社会秩序和国家稳定的价值理念,也是最有利于进行权力制约与权利保障的制度设计。从宪政视野考究刑事程序法治得知:法治、人权与宪政这些人类孜孜不倦的奋斗目标及其所蕴涵的价值与精神应当融入到刑事程序等具体的程序规范和制度设计与建构之中,才会有真正的生命力;同时刑事程序法治是我国宪政建设的重要一环,体现了现代宪政文明的价值取向,只有在宪政制度与体制日趋完善的环境下,刑事程序才能真正走向法治化。
Constitutionalism is a value concept that is most conducive to ensuring the social order and national stability in the invention of human political wisdom. It is also the system design that is most conducive to the restriction of power and the guarantee of rights. Examining the rule of law of criminal procedure from the perspective of constitutionalism has revealed that the tireless efforts of mankind, including the rule of law, human rights and constitutional government, and the values and spirits it implies should be integrated into the specific procedural norms and institutional design and construction of criminal procedures. Real vitality. At the same time, the rule of law in criminal procedure is an important part of our country’s constitutional construction. It embodies the value orientation of the modern constitutional civilization. Only in the increasingly perfect constitutional system and system, can the criminal procedure truly go to the rule of law.