论文部分内容阅读
在关于检察制度改革的若干争论中,检察权的性质、检察机关的归属、检察机关的职能、检察转型是焦点问题,本刊一直对此保持高度的关注,并在法学研究栏目和专题笔谈中给予了大量的篇幅。而逮捕作为宪法赋予检察机关的一项重要职权,作为维护社会秩序的国家权力的重要组成部分,因其直接关系到当事人的宪法性权利——人身自由,一直是刑事诉讼法学界乃至宪法学界以及司法实务界关注的焦点之一。从1979年《刑事诉讼法》颁布到1996年《刑事诉讼法》修改,从司法体制改革研究中关于逮捕制度改革的研究到目前热烈讨论的《刑事诉讼法》的再修改,逮捕制度的改革与完善始终是一个重大课题。其中逮捕的证据问题、审查逮捕程序问题和逮捕必要性问题可以说是逮捕制度改革与完善的重点。本刊编辑部注意到,我国法学、实务界不少人士对逮捕的证据与程序改革看法颇多歧异,为了充分探讨这一问题,本刊编辑部特邀一批专家对此问题进行了专题研究,得到了一些对此问题素有研究的学者的比较积极的回应。为了更好地以学术之力审时度势促进法律适用,本编辑部以“逮捕的证据与程序”为总标题进行笔谈。本着百家争鸣的态度,本刊对于受邀专家的来稿,只要符合通常的学术规范,不论其所表达的学术观点如何,均一律照登。所以,本专题所有观点均不代表本刊之立场。
In the controversy over the procuratorial system reform, the nature of the procuratorial power, the procuratorate’s ownership, the procuratorial organ’s functions and the procuratorial transformation are the key issues. This issue has always been highly concerned about this issue. In the column of law study and topic writing Given a lot of space. As an important part of the power of the state that maintains the social order, arrest as an important power conferred by the Constitution on procuratorial organs has always been the academic circle of criminal procedure law as well as the constitutional law circle as it is directly related to the constitutional rights of the parties - personal liberty One of the focuses of judicial practice. From the promulgation of “Criminal Procedural Law” in 1979 to the revision of “Criminal Procedure Law” in 1996, from the study on the reform of arrest system in the study of judicial system reform to the revising of “Criminal Procedure Law” and the reform of arrest law system Perfection has always been a major issue. The issue of evidence of arrest, the review of arrest procedures and the necessity of arrest can be said to be the focus of the reform and improvement of the arrest system. The editorial office of our magazine noticed that quite a few people in the jurisprudence and practice circles of our country think there are quite different opinions on the evidence and procedural reform of the arrest. In order to fully explore this issue, a number of experts invited by the editorial department of this magazine have conducted special studies on this issue , And got some positive responses from scholars who have studied the issue. In order to improve the application of law by making the best use of scholarly power, the editorial department will make written speeches on the general heading “Evidence and Procedures for Arrest”. Based on the attitude of a hundred schools of thought, our articles on invited experts should be submitted in accordance with the usual academic norms, regardless of the academic point of view expressed. Therefore, all views of this topic do not represent the position of this magazine.