目前,刑事诉讼法修正案已经对外公布并即将实施,该修正案总体上体现了惩罚犯罪与保障人权并重、实体公正与程序公正兼顾、公正优先兼顾效率的修法精神。实践中任意搜查、扣押,超期羁押,刑讯逼供等恶劣行迹时有发生,解决这些问题的关键突破口在于实现刑事诉讼程序的正当化,将正当程序的理念切实引入到刑事诉讼法及其实施中,才能从根本上克服司法实践中的一些不良现象,更有效地维护被追诉人的人身权、财产权及其他程序性权利。 At present, the amendments to the Criminal Procedure Law have been announced and are about to be implemented. The amendment generally reflects the spirit of the revisionist principle of equal emphasis on crime and protection of human rights, equal fairness in substantive and procedural aspects, fairness and prioritization. In practice, arbitrary search, seizure, prolonged custody, torture and other abusive acts have taken place from time to time. The key breakthrough in resolving these problems lies in realizing the legitimacy of criminal procedure, introducing the concept of due process into the criminal procedure law and its implementation, Can we fundamentally overcome some undesirable phenomena in judicial practice and safeguard the personal rights, property rights and other procedural rights of the individuals to be prosecuted more effectively.