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无论从现实需要还是从宪法规则层面来讲,家庭都是我国刑事诉讼必须认真对待的社会基本单元。当前我国刑事诉讼对待家庭呈现形式上全面关照并有一定独特性、实质上态度复杂并存逻辑混乱之处的特点。影响刑事诉讼如此对待家庭的关键因素,一是诉讼观念层面的,即国家/被追诉者关系中心主义和仍居相对优先地位的犯罪控制理念,二是国家能力层面的,即国家追诉犯罪过度依赖人证与国家保障能力不足尚须借力家庭。随着这两组关键因素发生转变,即刑事诉讼开始突破国家/被追诉者关系中心主义并更加重视保障人权,国家追诉犯罪对人证的依赖减弱以及社会保障中家庭地位的下降,未来刑事诉讼将对家庭更为宽容,并在相关制度设置上更具实质性和合理性。
No matter from the realistic needs or from the aspect of the constitutional rules, the family is the basic unit of society that our criminal procedure must take seriously. At present, our country’s criminal litigation treats the family as a whole with comprehensive care and certain uniqueness. In fact, the characteristics of complicated and complicated logic chaos are the characteristics. One of the key factors affecting the family court in criminal proceedings is the concept of litigation, that is, the state / appellee relationship-based doctrine and the concept of crime control that is still relatively prioritized. The second is that the state has the ability to prosecute for over-reliance on crime Personnel permit and national security capabilities still need to leveraging the family. As these two key sets of factors change, criminal procedures begin to break through the state / the appellee’s relational doctrine and pay more attention to the protection of human rights, the state’s prosecution of crimes reduces the dependency on people’s cards and the decline of family status in social security, criminal proceedings in the future It will be more forgiving families and be more substantive and reasonable in setting relevant systems.