8月底,立法机关向社会公布了刑事诉讼法修正草案,草案在“程序正义、保护人权”方面的诸多亮点赢得普遍赞誉,但一些条款也引发了巨大争议。此番情景,足以构成观察当下中国立法博弈的一个标本。耐人寻味的是,发出质疑声音的,除了一些法学学者,主要来自律师界,而其所质疑的“秘密侦查”等条款,却又被公检法的行业报誉为“将为打击犯罪提供有利武器”。这种立场对立,其实恰恰折射了刑 At the end of August, the legislature announced to the public a draft amendment to the Criminal Procedure Law. The draft won widespread praise for many bright spots in the “procedural justice and the protection of human rights”, but some articles also caused a great deal of controversy. This time scenes, enough to constitute the observation of the current legislative game in China a specimen. What is intriguing is that in spite of the fact that some legal academics, mainly lawyers, who question the “secret investigation” and other articles that have been questioned by the public security law industry as “providing favorable conditions for the fight against crime arms”. This position opposition, in fact, just reflects the penalty