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从制度运行与结构的关系的角度,刑事诉讼活动在实现社会公正,保障公民权利等方面所发挥的作用就是诉讼功能的体现。弘扬契约理念就是要强调通过契约主体的主动参与,防止国家权力与公民权利产生错位。至此,刑事诉讼法律关系已从一种国家对被追诉者的绝对关系,发展成为国家与犯罪嫌疑人、被告人之间的权利义务关系,刑事诉讼制度和刑事诉讼活动所体现的也就不再只是服从于政治需求的单一功能,纠纷解决、人权保障、权力制约以及政策昭示因此而得以呈现。
From the perspective of the relationship between system operation and structure, the role played by criminal procedure activities in realizing social justice and safeguarding civil rights is the embodiment of litigation function. Carry forward the concept of contract is to emphasize the active participation of the main body of the contract to prevent dislocation of state power and civil rights. At this point, the legal relationship of criminal procedure has evolved from the absolute relationship of a state to the person being prosecuted to the right and obligation relationship between the state and the criminal suspects and defendants, and the criminal procedure system and criminal procedure activities have no longer embodied Just a single function subject to political needs, dispute resolution, protection of human rights, power constraints, and policy manifestations are thus presented.