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刑事诉讼权利宪法化始于美国,并呈现出国际化发展趋势。考察美国宪法与“权利法案”的形成背景,展现的是人权保护意识的逐步深化和制度完善的过程,特别是宪法权利可诉性的确立将其上升到操作层面。我国宪法在赋予公民权利的同时也有特殊保护条款,为顺应国际潮流,加大人权保护力度,应当审慎借鉴并逐步实现刑事诉讼权利的宪法化。
The constitutionalization of criminal procedural rights began in the United States and showed an international trend of development. Examining the background of the formation of the U.S. Constitution and the Bill of Rights shows that the awareness of human rights protection is gradually deepened and the system is perfected. In particular, the establishment of the suable nature of the constitutional right raised it to the operational level. In addition to giving civil rights, our country’s constitution also has special protection clauses. In order to comply with the international trend and increase the protection of human rights, we should draw lessons from it and gradually realize the constitutionalization of the rights of criminal procedure.